Legal

1.1. These general terms and conditions (hereinafter referred to as the Terms or the Agreement, as the context requires) govern the relationship between Sparkleway Ltd, a company duly incorporated and existing under the laws of Cyprus, with its registered address at St. Helen, 4, MICHAELIDES BUILDING, Floor 1, Apartment/Office 104, 1060, Nicosia, Cyprus, operating a digital advertising technology platform under the name WYNQ (hereinafter referred to as WYNQ), and any natural or legal person (hereinafter referred to as the User) using the Services (as defined below).

1.2. WYNQ is a digital advertising technology provider enabling the distribution of advertising content through Publisher Sites and facilitating the connection between Publishers and Advertisers.

1.3. These Terms constitute a legally binding agreement between the User and WYNQ and form the basis of the contractual relationship governing the use of the Services.

1.4. By creating an Account and confirming acceptance of these Terms during the registration process, the User expressly agrees to be bound by these Terms and any policies incorporated herein by reference. Further, by submitting a Publisher Site, integrating the technology made available through the Services, or otherwise using the Services, the User acknowledges that they have read, understood, and accepted these Terms.

1.5. WYNQ reserves the right, at its sole discretion, to amend, modify, or update these Terms at any time. Any such amendment, modification, or update will become effective upon publication on the Platform or notification via email or through the Platform, unless otherwise specified. Continued use of the Platform and the Services after such effective date will constitute acceptance of the updated Terms by the User. If the User does not agree to the updated Terms, the User will immediately cease all use of the Platform and the Services and will terminate the Account in accordance with these Terms.

WYNQ means the digital advertising platform operated by Sparkleway Ltd.

Account means the access point created by a User on the Platform, enabling access to the Platform, including financial information and other functionalities.

Ad Exchange means a virtual marketplace that allows buyers (including advertisers and agencies) and suppliers (including publishers and networks) to buy and sell advertising inventory.

Advertisement Tag means a collection of code inserted within the source code of a Publisher Site, typically placed where an advertisement is to appear, which instructs the user’s browser to request and display advertising content from the WYNQ Platform or related systems.

Advertiser means any User or third party participating in advertising activities through the WYNQ Platform.

Advertiser Site means any website or digital destination to which a user may be directed through an advertisement delivered via the WYNQ Platform.

Advertising Space means any space, placement, or technical solution used to display advertising content, including but not limited to placements on a Publisher Site.

Agreement means these General Terms and Conditions.

Artificial Traffic means clicks, impressions, or other interactions that do not result from genuine user activity, including but not limited to traffic generated by automated means such as bots, scripts, or manipulated sources, or traffic of unclear or unverifiable origin.

Blocked Account means an Account that has been permanently disabled in accordance with these Terms.

Campaign means an advertising operation or activity established for the purpose of promoting content, services, or products through the WYNQ Platform.

Commission means the remuneration payable to a Publisher based on activity generated through the WYNQ Platform, as calculated by the WYNQ Platform and subject to validation.

Content means all materials, data, and information available on or through the WYNQ Platform, including but not limited to text, graphics, interfaces, trademarks, logos, and software.

WYNQ Platform or Platform means the digital advertising platform operated under the brand name WYNQ, enabling the delivery of advertising content and interaction between Users.

Publisher means a User who submits Publisher Sites to the WYNQ Platform for monetization.

Publisher Site means any website submitted by a Publisher containing Advertising Space available for monetization through the WYNQ Platform.

Services means all products, features, tools, and functionalities made available through the WYNQ Platform.

Suspended Account means an Account that has been temporarily disabled, with access to the Platform restricted until specified conditions are met.

Traffic means user interactions, including impressions, clicks, or other actions, generated on a Publisher Site in connection with advertising content delivered through the Platform.

Terms means these General Terms and Conditions.

User means any individual or entity using the Platform and/or the Services.

Wallet means the financial balance, billing details, and transaction records associated with the Account.

3.1. Account Registration and Access: Access to the WYNQ Platform requires the creation of an Account. The User will provide accurate, complete, and up-to-date information at the time of registration and will ensure that such information remains current throughout the duration of the Agreement. WYNQ reserves the right, at its sole discretion, to accept or reject any registration request without obligation to provide justification, to request verification of the User’s identity or submitted information at any time, and to limit or restrict access to certain features or functionalities of the WYNQ Platform. Access to the WYNQ Platform is granted on a limited, non-exclusive, and revocable basis, subject to compliance with these Terms. WYNQ reserves the right, at its sole discretion, to suspend, restrict, or terminate access to the WYNQ Platform, in whole or in part, at any time, including for maintenance, security, operational reasons, or in response to violations of these Terms. WYNQ further reserves the right to modify, update, or discontinue any aspect of the Platform or the Services at any time.

3.2. Account Responsibility: The User will be solely responsible for maintaining the confidentiality and security of the Account credentials and for all activities carried out through the Account. Any action performed through the Account will be deemed to have been carried out by the User. The User will immediately notify WYNQ in the event of any unauthorized use of the Account or any breach of security. The User will not transfer, assign, or otherwise make the Account available to any third party without prior written authorisation from WYNQ, nor create or operate multiple Accounts without such authorisation.

3.3. Use Restrictions: The User will use the WYNQ Platform in accordance with applicable laws and these Terms and will refrain from any activity that may interfere with, disrupt, or compromise the integrity, performance, or security of the Platform. The User will not attempt to gain unauthorized access to the WYNQ Platform or its related systems, nor engage in fraudulent, abusive, or otherwise harmful behavior.

3.4. Technical Requirements: Where a User acts as a Publisher, the Publisher will be responsible for the correct implementation and maintenance of the Advertisement Tag, script, or any other integration element required by the WYNQ Platform on the Publisher Site. The delivery of Ads and the generation of Commission are strictly conditional upon such implementation. WYNQ will not be liable for any failure to deliver Content or generate Commission resulting from the absence, incorrect implementation, modification, or malfunction of such integration elements.

4.1. Publisher Site Submission: A Publisher may submit one or more Publisher Sites to the WYNQ Platform for monetization. The submission of a Publisher Site does not constitute acceptance, validation, or approval by WYNQ. Content may be delivered on a Publisher Site without prior review. Such delivery will not be interpreted as confirmation of compliance with these Terms or as validation of any Traffic or Commission generated. The Publisher remains solely responsible for the Content, operation, and compliance of any Publisher Site.

4.2. Review and Validation: WYNQ reserves the right, at its sole discretion and at any time, to review, evaluate, or verify any Publisher Site, Traffic, or related activity. Such review may include, without limitation, assessment of:

a. content compliance;
b. Traffic quality;
c. technical implementation.

WYNQ may accept, reject, restrict, suspend, or block any Publisher Site or related activity at any time, with or without prior notice.

4.3. Ownership and Control: WYNQ may require the Publisher to verify ownership or control of a Publisher Site through technical or other means. Failure to successfully complete such verification may result in restriction, suspension, or rejection of the Publisher Site.

4.4. Publisher Responsibilities: The Publisher will be solely responsible, at all times, for each Publisher Site submitted to the Platform and for all activity conducted in connection with such Publisher Sites.

• 4.4.1. The Publisher represents, warrants, and undertakes that:
  a. it has full legal ownership of, or all necessary rights, licenses, and authorisations to use, operate, and monetize each Publisher Site;
  b. the Publisher Site and all content, materials, and activities associated with it comply with all applicable laws, regulations, and industry standards;
  c. the Publisher Site does not contain, promote, or link to any content that is illegal, misleading, deceptive, infringing, or otherwise prohibited under these Terms;
  d. all information provided to WYNQ in connection with the Publisher Site is accurate, complete, and kept up to date at all times.
• 4.4.2. The Publisher will ensure that:
  a. the Publisher Site remains accessible and operational;
  b. the Advertisement Tag or other required integration elements are correctly implemented and maintained;
  c. no Artificial Traffic is generated, whether directly or indirectly;
  d. no activity is undertaken that artificially inflates impressions, clicks, or other interactions;
  e. the placement and use of Content on the Publisher Site do not mislead users or interfere with normal user interaction.
  
• 4.4.3. The Publisher will not:
  a. use methods intended to manipulate or distort Traffic, including the use of bots, scripts, incentivized traffic, or any other non-genuine user activity;
  b. modify, interfere with, or improperly use the Advertisement Tag or any Content delivered through the Platform;
  c. place Content on Publisher Sites that are not compliant with these Terms or that have not been submitted to the Platform;
  d. engage in any activity that may harm the reputation, integrity, or proper functioning of the WYNQ Platform.
• 4.4.4. The Publisher acknowledges that any breach of this Section 4.4 may result in enforcement measures, including restriction or suspension of monetization, adjustment or cancellation of Commission, or suspension or termination of the Account.

5.1. Campaign Submission and Responsibility: An Advertiser may create and manage Campaigns through the WYNQ Platform. The Advertiser will be solely responsible for any Campaign and any Advertiser Site associated with such Campaign. The submission or delivery of a Campaign through the WYNQ Platform will not be interpreted as approval, validation, or confirmation of compliance by WYNQ.

5.2. Advertiser Responsibilities: The Advertiser will be solely responsible, at all times, for all Campaigns and Advertiser Sites.

5.3. The Advertiser represents, warrants, and undertakes that: a. it has all necessary rights, licenses, and authorisations to use, promote, and distribute all content included in the Campaign and on the Advertiser Site; b. all Campaigns and Advertiser Sites comply with applicable laws, regulations, and industry standards; c. Campaigns and Advertiser Sites do not contain, promote, or link to any content that is illegal, misleading, deceptive, infringing, or otherwise prohibited under these Terms; d. all information provided in connection with the Campaign is accurate, complete, and kept up to date.

5.4. Advertiser Site Requirements: The Advertiser will ensure that any Advertiser Site:

a. is fully functional, accessible, and does not contain errors or misleading elements;
b. does not perform automatic redirects, forced actions, or any behavior that may mislead or negatively impact users;
c. does not contain prohibited content as defined in these Terms;
d. accurately reflects the content and nature of the Campaign.

The Advertiser will not modify the Advertiser Site in a manner that results in non-compliance with these Terms after the Campaign has been activated.

5.5. Changes to Campaigns and Advertiser Sites: The Advertiser will notify WYNQ of any significant changes to a Campaign or an Advertiser Site that may affect compliance, functionality, or user experience. WYNQ reserves the right, at its sole discretion, to review, restrict, suspend, or terminate any Campaign or Advertiser Site at any time.

5.6. Tracking and Technical Requirements: The Advertiser will ensure the correct implementation and functioning of any tracking mechanisms required for Campaign measurement, including tracking of impressions, clicks, conversions, or other interactions. WYNQ will not be liable for any discrepancy in data or loss of Commission resulting from incorrect or incomplete implementation of tracking mechanisms by the Advertiser.

5.7. Traffic Handling and Availability: The Advertiser will ensure that the Advertiser Site and any associated systems are capable of handling incoming Traffic generated through the WYNQ Platform. WYNQ will not be liable for any loss resulting from downtime, unavailability, or technical limitations of the Advertiser Site.

5.8. Any breach of this Section 5 may result in enforcement measures, including restriction or suspension of Campaigns, limitation or removal of Content, adjustment or cancellation of Commission, or suspension or termination of the Account in accordance with these Terms.

6.1. Commission and Validation: Commission may be generated through Content displayed on Publisher Sites. The generation of Commission is subject to validation by WYNQ, including but not limited to verification of Traffic quality, compliance with these Terms, and fraud detection mechanisms. The display of Content will not be interpreted as confirmation that any resulting Traffic or Commission is valid or payable.

6.2. Data and Reporting: Any statistics, reports, or data made available through the WYNQ Platform are provided for informational purposes only and may be subject to validation, adjustment, or correction by WYNQ. All statistics, data, and reports provided by WYNQ, including those available through the Platform, will be the sole and authoritative basis for calculating Commission. In the event of any discrepancy, WYNQ’s records will prevail and be final and binding.

6.3. Withholding and Adjustments: WYNQ reserves the right, at its sole discretion, to withhold, adjust, or cancel any Commission, including but not limited to cases involving:

a. artificial Traffic;
b. violations of these Terms;
c. technical errors or discrepancies, or suspected manipulation;
d. any activity deemed non-compliant or harmful to the WYNQ Platform;
e. chargebacks, refunds, advertiser disputes, or downstream revenue adjustments.

WYNQ may apply such adjustments retroactively where necessary.

6.4. Payment Conditions: Payment of Commission is subject to internal verification processes and may be delayed for validation purposes, including fraud checks or quality assessments.

WYNQ reserves the right, at its sole discretion, to determine payment thresholds, methods, timing, and eligibility conditions.

6.5. WYNQ does not guarantee any level of Commission, Traffic, or performance. Participation in the Platform does not create any entitlement to minimum earnings.

6.6. Where applicable, WYNQ may operate on a self-billing basis. Any statement, report, or invoice issued by WYNQ will be deemed accepted and binding unless disputed by the User in writing within ten (10) calendar days of issuance.

6.7. In the event of a violation of these Terms, suspension or termination of an Account, or identification of invalid or non-compliant activity, WYNQ reserves the right, at its sole discretion, to withhold or permanently cancel any unpaid Commission.

7.1. Content Compliance: The Publisher and the Advertiser will ensure that all Publisher Sites, advertising materials, landing pages, products, services, domains, creatives, targeting practices, and related content submitted, displayed, distributed, or promoted through WYNQ are lawful, functional, accurate, non-misleading, and compliant at all times with all applicable laws, regulations, regulatory guidance, industry standards, self-regulatory advertising codes, and these Terms in all jurisdictions where the content is displayed or accessible. The Publisher will further ensure that all Publisher Sites contain meaningful content and are properly maintained and operational. The Advertiser is responsible for the legality, accuracy, and compliance of all advertising content, products, services, claims, targeting practices, and associated landing pages promoted through WYNQ.

7.1.1. The Publisher and the Advertiser each represent and warrant that they: 10 SPARKLEWAY a. hold all licenses, registrations, approvals, authorisations, and consents required for their activities and for the promotion or publication of content, products, or services; b. comply with all applicable anti-money laundering, counter-terrorist financing, anti-bribery, sanctions, export control, consumer protection, data protection, intellectual property, and advertising laws and regulations, including without limitation AML laws and sanctions regimes administered or enforced by the United States, the European Union, the United Kingdom, and/or the United Nations Security Council; c. are not subject to sanctions, owned or controlled by sanctioned persons or entities, or operating in restricted jurisdictions prohibited under applicable sanctions laws; d. will not use the Services for any unlawful, fraudulent, deceptive, misleading, harmful, or abusive purpose; e. will ensure that all content, advertisements, and claims are accurate, substantiated, and not misleading.

7.1.2. Without limitation, the following content, products, services, business models, or activities are prohibited:

a. non-functional or partially functional websites, applications, or services, including sites lacking substantive content;
b. unlawful, fraudulent, deceptive, or misleading content, advertising, or business practices;
c. content involving criminal activity or promoting unlawful conduct;
d. violent, abusive, hateful, harassing, discriminatory, defamatory, obscene, or otherwise harmful content;
e. escort services, prostitution-related services, direct or indirect promotion of escort services, or similar adult services where prohibited or misrepresented;
f. content infringing or violating the intellectual property, privacy, publicity, or other rights of any third party;
g. spam, phishing, malware, spyware, hacking, cracking, unauthorized system access, mail fraud, pyramid schemes, or similar illicit activities;
h. content involving minors in a sexual context, including any form of child exploitation or abuse;
i. illicit or degrading practices, including but not limited to gore, bestiality, scatological fetish content, or similar content violating human dignity, including simulated or role-play scenarios thereof;
j. content promoting or facilitating the use, sale, or distribution of illegal drugs, controlled substances, or drug paraphernalia;
k. products or services derived from endangered or protected species in violation of applicable law;
l. content promoting or facilitating the unlawful use, sale, or distribution of alcohol, tobacco, nicotine, vaping products, or controlled substances;
m. weapons, firearms, ammunition, explosives, or related products where prohibited by applicable law;
n. incentivized traffic programs or services that compensate users for clicking advertisements, performing searches, surfing websites, or similar activities;
o. counterfeit goods, counterfeit services, or unauthorized replicas;
p. unlawful political advertising, deceptive advocacy campaigns, coordinated disinformation activities, or manipulation of public discourse in violation of applicable laws or platform policies; and
q. any other content, product, service, or activity that is illegal, infringes the rights of others, or otherwise violates these Terms.

7.1.3. Certain regulated or high-risk categories may be permitted only with WYNQ’s prior written approval and subject to enhanced due diligence, jurisdictional restrictions, licensing verification, and ongoing compliance monitoring, including where applicable:

a. adult entertainment and dating platforms;
b. alcohol-related products or services;
c. tobacco, nicotine, vaping, CBD, cannabis, or related products;
d. pharmaceuticals, nutraceuticals, supplements, or healthcare-related products;
e. financial services, investment services, lending, credit, crowdfunding, precious metals, or crypto asset services;
f. gambling, casinos, betting, fantasy sports, or gaming-related services;
g. high-value or luxury goods; h. charities, advocacy campaigns, multi-level marketing activities, or political advertising.

7.1.4. WYNQ reserves the right, at any time and in its sole discretion, to:

a. reject, suspend, remove, restrict, or terminate any Publisher Site, advertising campaign, creative, domain, account, or business relationship;
b. request additional information, licenses, certifications, ownership information, or compliance documentation;
c. conduct Know Your Customer (KYC), Know Your Business (KYB), sanctions screening, AML reviews, beneficial ownership checks, and other due diligence procedures;
d. perform initial campaign validation and ongoing monitoring of content, domains, traffic sources, and business activities;
e. impose geo-targeting, age-gating, content restrictions, or jurisdictional limitations; and
f. suspend or terminate services where WYNQ reasonably suspects a breach of applicable laws, sanctions requirements, AML obligations, industry standards, or these Terms.

7.1.5. The Publisher and the Advertiser promptly provide all information and documentation reasonably requested by WYNQ for compliance, verification, audit, or regulatory purposes.

7.1.6. WYNQ reserves the right to determine, acting reasonably and in good faith, whether any content, product, service, or activity complies with these Terms and applicable legal or regulatory requirements.

7.2. Traffic Quality and Integrity: All Traffic generated on Publisher Sites must originate from genuine user activity. The Publisher will be responsible for all Traffic generated on the Publisher Site, regardless of its source.

The Publisher will not, under any circumstances, generate, permit, or facilitate Artificial Traffic, nor engage in any activity intended to manipulate, distort, or artificially influence impressions, clicks, conversions, or any other interactions.

Artificial Traffic includes, without limitation, traffic generated through bots, scripts, automated systems, incentivized traffic, misleading redirects, hidden placements, forced interactions, or any other non-genuine or low-quality sources.

The Publisher will ensure that all Traffic sources are transparent, lawful, and verifiable, and will not acquire Traffic from unknown, misleading, or unapproved sources.

WYNQ reserves the right, at its sole discretion, to determine whether Traffic is valid, invalid, low-quality, or fraudulent. Any determination made by WYNQ will be final and binding.

Where Traffic is determined to be invalid, Artificial, manipulated, or otherwise non-compliant, WYNQ may, at its sole discretion and without prior notice, apply enforcement measures including, but not limited to, restriction or suspension of monetization, adjustment or cancellation of Commission, limitation or removal of Content, or suspension or blocking of Publisher Sites or Accounts.

7.3. Placement and User Interaction: The Publisher will ensure that Content is displayed on Publisher Sites in a clear, transparent, and non-deceptive manner. Content must not be implemented or presented in a way that misleads users as to its nature, function, or origin, or that interferes with normal user navigation or interaction.

The Publisher will not, under any circumstances, implement Content in a manner that generates unintended, accidental, or forced interactions, including through misleading layouts, hidden elements, automatic redirects, or any other method designed to manipulate user behavior. The Publisher will ensure that users are not incentivized or encouraged, directly or indirectly, to interact with Content.

Content will not be disguised as non-advertising elements, system notifications, navigation controls, or any other interface component that may cause confusion or misinterpretation by users.

Any placement or implementation deemed misleading, abusive, or non-compliant by WYNQ may result in enforcement measures in accordance with these Terms.

7.4. System and Integration Integrity: The Publisher will not modify, alter, interfere with, or otherwise misuse the Advertisement Tag, any integration element, or any Content delivered through the Platform. The Publisher will not, under any circumstances, attempt to bypass, disrupt, reverse engineer, or otherwise interfere with the functioning, delivery mechanisms, or security of the WYNQ Platform, including any systems used to measure Traffic, interactions, or Commission.

The Publisher will ensure that the Advertisement Tag and any related integration elements are implemented and used solely in accordance with the instructions provided by WYNQ and are not deployed in any unauthorized manner or on any Publisher Site not submitted to the WYNQ Platform.

Any manipulation, misuse, or unauthorized implementation of the Advertisement Tag, Content, or WYNQ Platform functionalities may result in enforcement measures, including restriction or suspension of monetization, adjustment or cancellation of Commission, or suspension or termination of the Account.

7.5. Age verification requirement: The Publisher will ensure that any Publisher Site complies with applicable legal requirements relating to user eligibility, including age restrictions where relevant. Where required by applicable law or industry standards, the Publisher will implement appropriate measures to restrict access by underage users.

7.6. Enforcement and Discretion: WYNQ reserves the right, at its sole discretion, to monitor, investigate, and evaluate any activity on the WYNQ Platform and any compliance with these Terms.

Where WYNQ identifies, suspects, or determines any violation of these Terms, any risk to the WYNQ Platform, or any activity deemed inappropriate or non-compliant, WYNQ may, at its sole discretion and without prior notice, take any action it considers necessary to protect its interests, the WYNQ Platform, or third parties.

Such actions may include, without limitation, restriction or suspension of monetization, removal or limitation of Content, adjustment, withholding, or cancellation of Commission, restriction or blocking of Publisher Sites, suspension or termination of Accounts, or any other enforcement measure deemed appropriate by WYNQ.

The application of any enforcement measure will not limit the right of WYNQ to apply additional or subsequent measures at any time.

The Publisher acknowledges and agrees that any determination made by WYNQ under this Section 7, including with respect to compliance, Traffic validity, or enforcement measures, will be final and binding.

WYNQ will not be obligated to provide prior notice, justification, or explanation for any action taken under this Section 7 and will not be liable for any loss, damage, or claim arising from such actions.

8.1. Currency: Upon account creation, the User will select a currency for their Account and Wallet from the options made available by WYNQ. The selected currency will apply to all financial operations, including but not limited to payments, commissions, balances, invoices, thresholds, and fees. The Account currency cannot be changed. The User acknowledges that all transactions, reporting, and settlements will be processed exclusively in the selected currency. WYNQ will not be responsible for any losses, conversion differences, or costs arising from currency fluctuations or the User’s selected currency.

8.2. Payment Thresholds and Payment Process: Payments to the User are subject to minimum payout thresholds determined by WYNQ, depending on the selected payment method. Unless otherwise specified:

a. The minimum payout threshold for bank transfer or equivalent methods will be EUR 100 or USD 100, depending on the Account currency;
b. For alternative payment methods, the minimum payout threshold may be EUR/USD 5 or higher, as determined by WYNQ;
c. Certain payment methods (including cryptocurrency) may have variable thresholds due to transaction costs or network conditions.

The User will only be eligible to request or receive payment once the applicable minimum payout threshold has been reached. Payment requests must be submitted in accordance with the procedures and timeframes defined by WYNQ. Payments will be processed only after validation, including but not limited to verification of Traffic, compliance checks, and fraud review. If the User’s balance does not meet the minimum payout threshold, the balance will be carried forward until such threshold is reached. The User will not be entitled to any interest on outstanding balances.

WYNQ reserves the right to approve, reject, or modify available payment methods at its sole discretion.

WYNQ will not be liable for any delays, failures, or losses caused by third-party payment providers, including banks, payment processors, or blockchain networks.

8.3. Financial Consequences, Withholding, Contractual Penalty, and Damages: In the event that an Account is suspended, restricted, blocked, or the Agreement is terminated, WYNQ reserves the right, at its sole discretion, to withhold, adjust, or cancel any Commission associated with the Account, including any amounts reflected in the Wallet that are unpaid, unvalidated, or subject to verification. No Commission will become payable during any period of suspension or restriction.

Where such suspension, restriction, blocking, or termination is related to a breach of these Terms, suspected fraudulent activity, Artificial Traffic, violation of quality requirements, or any other non-compliant or unlawful behavior, WYNQ will be entitled to apply a contractual penalty equal to the full amount of the User’s Wallet balance and any unpaid or unvalidated Commission. Such contractual penalty will be applied by way of set-off, and no payment will be due to the User.

Any amounts previously credited but not yet validated, or reflected in the Wallet but not yet paid out, may be canceled, adjusted, or reversed at WYNQ’s sole discretion.

Any withholding, adjustment, cancellation, or application of contractual penalty under this Section will be final, irreversible, and not subject to reinstatement or compensation, regardless of whether the Account is subsequently reinstated.

Without prejudice to the above, the User will be fully liable for, and will indemnify and hold harmless WYNQ, its affiliates, directors, employees, and partners from and against any and all damages, losses, liabilities, costs, expenses, and claims (including reasonable legal fees) arising out of or related to:

a. any breach of these Terms;
b. any unlawful, fraudulent, or non-compliant activity by the User;
c. any Artificial Traffic or manipulation of the Services;
d. any claim brought by third parties in connection with the User’s Publisher Site, content, Traffic, or activities.

To the extent that any amounts have already been paid to the User, WYNQ reserves the right to recover such amounts where they are subsequently determined to be invalid, fraudulent, or generated in breach of these Terms. The User will, upon request, promptly repay such amounts, without prejudice to any other rights or remedies available to WYNQ.

WYNQ reserves the right to recover any amounts due under this Section directly, including by way of set-off against any amounts otherwise payable to the User, and to pursue additional legal remedies where necessary.
The User acknowledges and agrees that the contractual penalty is proportionate to the potential damages, risks, and operational costs caused by such breach. WYNQ reserves the right to claim additional damages where the contractual penalty does not cover the actual loss incurred.

8.4. The User is solely responsible for any taxes, duties, levies, or similar charges applicable to payments received under these Terms. WYNQ may withhold or deduct any amounts required by applicable law, including withholding taxes, and will not be liable for any such deductions.

9.1. Suspension and Blocking: WYNQ may suspend, restrict, or block the User’s Account or access to the WYNQ Platform at any time, without prior notice, including but not limited to the following cases:

a. breach of these Terms or any applicable policies;
b. suspected or confirmed fraudulent activity, including Artificial Traffic;
c. violation of quality, anti-fraud, or content requirements;
d. failure to provide requested verification or ownership information;
e. security concerns or suspicious activity related to the Account or Wallet.

Where the cause of suspension can be remedied, the Account may be reinstated upon fulfillment of the conditions set by WYNQ. If such a cause cannot be remedied or is not remedied within the required timeframe, the Account may be permanently blocked.

During suspension or restriction, access to and use of the WYNQ Platform is prohibited.

9.2. Termination of the Agreement: The Agreement will remain in force for an indefinite period.

The User can terminate the Agreement by ceasing use of the Services and deleting the Account at any time.

WYNQ may terminate the Agreement immediately, without prior notice, including but not limited to the following cases:

a. material breach of these Terms;
b. fraudulent activity or generation of Artificial Traffic;
c. repeated violations of applicable policies;
d. submission of misleading or non-compliant Publisher Sites;
e. any activity deemed harmful to the WYNQ Platform, its Users, or third parties.

Upon termination, access to the WYNQ Platform will be immediately revoked.

9.3. Upon termination or blocking of the Account:

a. all access to the WYNQ Platform will be disabled;
b. delivery of Content on the Publisher Site will cease;
c. the User will immediately remove all Advertisement Tags, scripts, or integration elements from the Publisher Site;
d. all rights to use the Services will terminate immediately.

The User will not create a new Account without prior written authorisation from WYNQ.

9.4. Dormant Accounts: In order to use the WYNQ Platform, the Account Wallet and the Publishing Site must remain active. An Account will be considered dormant where no activity has been recorded for a period of one hundred fifty (150) consecutive calendar days, including in cases where the Account is suspended.

Where an Account is classified as dormant:

a. the remaining Wallet balance will be fully deducted in a one-time adjustment;
b. such deduction will reduce the Wallet balance to zero;
c. no deducted amounts will be refundable.

If the Wallet balance reaches zero, the Account may be archived without the possibility of restoration.

9.5. Failure to Set Up the Publisher Site: Following the creation of an Account, the User will submit and properly set up at least one Publisher Site, including the correct implementation of the required Advertisement Tag or integration elements, within sixty (60) calendar days.

Where no Publisher Site has been submitted, approved, or properly integrated within this period, or where no meaningful activity is recorded, WYNQ reserves the right, at its sole discretion and without prior notice, to suspend, restrict, or permanently delete the Account.

Any deletion of the Account under this clause will be final and will not give rise to any entitlement to compensation, Commission, or reinstatement.

9.6. Reactivation and Closure: If activity resumes prior to balance clearance, the Account may be reclassified as active.

If the User no longer wishes to use the WYNQ Platform, the User will terminate the Agreement and delete the Account in order to avoid dormancy processing.

9.7. All decisions taken by WYNQ under this Section 9, including suspension, blocking, termination, dormancy classification, financial adjustments, and application of contractual penalties, will be final and binding.

WYNQ will not be liable for any loss resulting from actions taken in accordance with this Section 9.

10.1. The WYNQ Platform and all Services are provided on an “as is” and “as available” basis. WYNQ makes no representations or warranties of any kind, express or implied, including but not limited to warranties of availability, accuracy, reliability, performance, or fitness for a particular purpose. WYNQ does not warrant that the WYNQ Platform will be uninterrupted, error-free, secure, or free from harmful components. The Services may be subject to downtime, delays, interruptions, or technical limitations, and WYNQ will not be liable for any impact on delivery, performance, or monetization resulting from such events.

10.2. To the maximum extent permitted by applicable law, WYNQ will not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of data, or loss of business opportunities, arising out of or in connection with the use of or inability to use the WYNQ Platform.

WYNQ will not be liable for:

a. the content, operation, or availability of any Publisher Site;
b. the quality, origin, or validity of Traffic;
c. any actions or omissions of third parties;
d. any enforcement measures taken in accordance with these Terms.

To the extent liability cannot be excluded, the total liability of WYNQ will be limited to the amount of Commission actually paid to the User during the three (3) months preceding the event giving rise to the claim.

10.3. WYNQ does not guarantee any level of Traffic, monetization, or earnings. The use of the WYNQ Platform does not create any expectation or entitlement to specific results.

10.4. The WYNQ Platform may include or display Content provided by third parties. WYNQ does not control and is not responsible for such Content or any third-party websites, services, or products.

10.5. The User will indemnify, defend, and hold harmless WYNQ, its affiliates, directors, employees, and partners from and against any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or related to:

a. the use of the WYNQ Platform;
b. any Publisher Site or its content;
c. any breach of these Terms;
d. any infringement of third-party rights, including intellectual property rights.

11.1. These Terms constitute the entire agreement (the Agreement) between WYNQ and the User regarding the subject matter hereof and replace any prior agreements, communications, or understandings, whether written or oral.

11.2. WYNQ reserves the right, at its sole discretion, to amend, modify, or update these Terms at any time. Any such amendment, modification, or update will become effective upon publication on the WYNQ Website or the WYNQ Platform, or upon notification to the User, unless otherwise specified. Continued use of the WYNQ Platform after the effective date will constitute acceptance of the updated Terms. If the User does not agree to the updated Terms, the User will cease use of the Services and delete the Account.

11.3. Continued use of the WYNQ Platform after the effective date of the amendment will constitute acceptance of the updated Terms. If the User does not agree, the User will terminate use of the Services and delete the Account.

11.4. The User may not assign or transfer any rights or obligations under these Terms without prior written consent of WYNQ.

11.5. WYNQ may assign or transfer these Terms, in whole or in part, without restriction.

11.6. If any provision of these Terms is held to be invalid or unenforceable, such provision will be deemed modified to the extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

11.7. These Terms will be governed by and construed in accordance with the laws of Cyprus. Any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of Cyprus.

11.8. Failure by WYNQ to enforce any provision of these Terms will not be deemed a waiver of its rights.

For the purposes of this Privacy Policy, the following terms have the meanings set out below:

Account means the user profile created on the WYNQ Platform by a Publisher or Advertiser to access and use the Services.

Personal Data means any information relating to an identified or identifiable person as defined in Article 4.1 of the GDPR.

Publisher means a User who submits Publisher Sites to the WYNQ Platform for monetisation through the distribution of advertising content.

Advertiser means any User or third party participating in advertising activities through the WYNQ Platform.

Services means all products, features, tools, and functionalities made available through the WYNQ Platform, including advertising campaign management, publishing tools, performance tracking, and payment processing.

Terms means the WYNQ General Terms and Conditions, including any specific terms, policies, or agreements issued by WYNQ to regulate the relationship between WYNQ and its Users.

Traffic means user interactions, including impressions, clicks, or other actions, generated on a Publisher Site in connection with advertising content delivered through the WYNQ Platform.

User means any individual or entity, including Publishers and Advertisers, using the WYNQ Platform and/or the Services.

Wallet means the virtual account associated with a User profile, containing billing details, accrued commissions, and other financial information.

WYNQ means Sparkleway Ltd, a private limited liability company incorporated under the laws of Cyprus, with its registered address at St. Helen, 4, MICHAELIDES BUILDING, Floor 1, Apartment/Office 104, 1060, Nicosia, Cyprus.

WYNQ Platform or Platform means the digital advertising platform operated under the brand name WYNQ, enabling the delivery of advertising content and interaction between Users.

WYNQ Website means the website(s) and associated subdomains operated by WYNQ.

WYNQ collects the personal information you provide when creating an Account or using the WYNQ Platform. This may include:

• Your name and contact details (such as email address)
• Payment and billing information
• Account credentials
• Content you upload or submit through the Platform
• Usage data related to your activity on the WYNQ Platform, including Traffic and Campaign performance data

Your information is processed so that WYNQ can:

• Operate, maintain, and improve the WYNQ Platform
• Facilitate the distribution of advertising content between Publishers and Advertisers
• Process payments and maintain Wallet records
• Verify identity and prevent fraud, including the detection of Artificial Traffic
• Comply with applicable legal and regulatory obligations
• Communicate with you about your Account and your activities on the WYNQ Platform

WYNQ processes personal data on the following legal bases:

• Performance of a contract: where processing is necessary to provide the Services under the WYNQ General Terms and Conditions.
• Legal obligation: where processing is required to comply with applicable laws and regulations.
• Legitimate interests: where processing is necessary for the legitimate interests of WYNQ, including platform security, fraud prevention, and improvement of the Services, provided such interests are not overridden by your rights and interests.
• Consent: where required by applicable law, in particular for certain marketing communications. Consent may be withdrawn at any time.

WYNQ may share your information with trusted third parties who provide services on our behalf, including:

• Payment processors
• Hosting and infrastructure providers
• Analytics and fraud prevention services
• Legal and compliance advisors

For marketing and advertising purposes, WYNQ may use limited personal data, such as email addresses of existing Users, to create custom audiences and/or lookalike audiences on third-party advertising platforms. Where applicable, such data may be transmitted in a hashed format. In such cases, WYNQ and the relevant platform provider may act as joint controllers for this processing under applicable data protection laws. You have the right to object to this processing at any time by contacting WYNQ.

Data may also be shared where required by law or where necessary to enforce the WYNQ General Terms and Conditions. WYNQ does not sell personal data.

As WYNQ operates globally, your data may be transferred outside your country of residence. In such cases, WYNQ ensures that appropriate safeguards are in place as required by applicable law, including standard contractual clauses or other legally recognised transfer mechanisms.

We retain personal data only for as long as necessary to fulfill the purposes described in this Privacy Policy or as required by applicable law. Payment-related data may be retained for the period mandated under applicable tax and accounting regulations. When personal data is no longer required, it is deleted or anonymised in a secure manner.

WYNQ implements appropriate technical and organisational measures designed to protect personal data against unauthorised access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or electronic storage is completely secure, and therefore, absolute security cannot be guaranteed.

Subject to applicable law, you have the following rights regarding your personal data:

• The right to access your personal data
• The right to rectify inaccurate or incomplete personal data
• The right to erasure of your personal data (the “right to be forgotten”)
• The right to restrict the processing of your personal data
• The right to object to processing
• The right to data portability

These rights can be exercised directly through your Account settings on the WYNQ Platform or by contacting us at legal@WYNQ.io. If you choose to delete your Account, WYNQ will remove your personal information unless retention is required by law, for example for tax or accounting purposes.

The data controller responsible for the processing of personal data described in this Privacy Policy is:

Sparkleway Ltd St. Helen, 4, MICHAELIDES BUILDING, Floor 1, Apartment/Office 104, 1060, Nicosia, Cyprus

Email: legal@wynq.io

Sparkleway Ltd operates the WYNQ Platform and determines the purposes and means of processing personal data in connection with the Services.

If you believe that the processing of your personal data violates applicable data protection laws, you have the right to lodge a complaint with a competent supervisory authority. As WYNQ is established in Cyprus, the primary supervisory authority is the Commissioner for Personal Data Protection of the Republic of Cyprus. However, you may also contact the data protection authority in your country of residence.

WYNQ may update this Privacy Policy from time to time to reflect changes in legal requirements, technologies, or the services provided through the WYNQ Platform. When material changes are made, WYNQ will update the “Last Updated” date at the top of this Privacy Policy and may notify Users through the WYNQ Platform, by email, or by other appropriate means. Continued use of the Services after such updates take effect constitutes acknowledgment of the updated Privacy Policy.

Cookies are small text files placed on the browser or hard drive of the User’s computer, mobile, or other devices when the User visits a website. Cookies are widely used when providing online services and help to make websites work or work more efficiently, as well as to provide information to the website owners.

Cookies do lots of different things, for example, remembering the User preferences, letting the User navigate between pages efficiently, and generally improving the User experience. Cookies are not used to identify the User personally, nor will they damage the User’s system or files.

This Cookie Policy explains how WYNQ uses cookies and similar technologies on the WYNQ Website. It should be read alongside the WYNQ Privacy Policy, which sets out how we collect and use personal data in connection with the WYNQ Platform.

If the User has any questions about our use of cookies, please contact us at legal@wynq.io

We may use the following types of cookies on the WYNQ Website:

2.1. Strictly Necessary Cookies
These cookies enable services that the User has specifically requested. They are essential for the operation of the WYNQ Website. They let the User move around the WYNQ Website and use its essential features, such as cookies that enable the User to log into secure areas or cookies used by our networking systems (such as load balancers or network protection tools). These cookies are placed automatically and do not require the User’s consent, as they are essential for providing the services requested.

2.2. Analytical/Performance Cookies
These cookies collect information about how the User uses the WYNQ Website. Such information is aggregated, anonymous, and not personally identifiable, and is used to help us improve how the WYNQ Website works and understand what interests our Users. For example, these cookies can recognise and count WYNQ Website visitor numbers and see how visitors move around the WYNQ Website.

2.3. Functionality Cookies
These cookies allow the WYNQ Website to remember the choices that the User makes (e.g., username or language). They enable us to provide enhanced, more personal features, and remember the User preferences to improve the User experience. The information collected may be anonymised, and these cookies cannot track the User’s browsing activity on other websites.

2.4. Targeting or Advertising Cookies
These cookies collect information about how the User uses the WYNQ Website. Such information is aggregated, anonymous, and not personally identifiable. They may be set by us or by third-party advertising partners and may be used to deliver, measure, and optimise advertising campaigns across third-party platforms.

2.5. Session Cookies
These cookies allow us to link the User actions during a browser session. We use session cookies to support the functionality of the WYNQ Website and to understand the User’s use thereof, i.e., which pages the User visits, which links the User uses, and how long the User stays on each page. Session cookies are automatically deleted from the User’s device at the end of the browser session.

2.6. Persistent Cookies
These cookies do not expire immediately after the User closes the User’s browser, but stay on the User’s device until they expire after a set period, or the User deletes them. Each time the User visits the WYNQ Website, our web server will recognise the persistent cookie on the User’s device. By assigning the User device a persistent, unique identifier, we can create a database of the User’s previous choices and preferences, and keep a more accurate account of how often the User visits the WYNQ Website.

Information about the cookies used on the WYNQ Website and their purposes is provided in the tables below. Non-essential cookies will only be placed on the User’s device where the User has provided consent through the cookie banner.

3.1. First-Party Cookies
Cookies set on the WYNQ Website by us:

3.1. Third-Party Cookies
Cookies set on the WYNQ Website by third parties:

Please note that third parties (including, for example, advertising networks and providers of external services like web Traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

When the User first accesses the WYNQ Website, the User will be presented with a cookie banner requesting the User’s consent to use certain cookies and similar technologies. Non-essential cookies, including analytical, performance, and advertising cookies, will only be placed on the User’s device where the User has provided their consent. Strictly necessary cookies required for the proper operation, security, and functionality of the WYNQ Website are placed automatically and do not require the User’s consent, as they are essential for providing the services requested.

The User may withdraw or modify consent to the use of non-essential cookies at any time through the cookie preference management tool available on the WYNQ Website. In addition, most web browsers allow the User to control cookies through their settings and preferences. Please note that restricting or disabling certain cookies may affect the availability or functionality of certain features of the WYNQ Website.

WYNQ may update this Cookie Policy from time to time to reflect changes in legal requirements, technologies, or the services provided through the WYNQ Platform. When material changes are made, WYNQ will update the “Last Updated” date at the top of this Cookie Policy and may notify Users through the WYNQ Platform, by email, or by other appropriate means. Continued use of the Services after such updates take effect constitutes acknowledgment of the updated Cookie Policy.

The data controller responsible for the use of cookies described in this Cookie Policy is Sparkleway Ltd.