Wintraits terms and conditions of use

Last updated: 9 November 2026

These terms govern the use of Wintraits (https://wintraits.com), its API and its MCP server (the «Service»), owned by Jaume Pelejà, trading as Marketempatía. Contact: contacto@wintraits.com.

By using the Service or creating an account you accept these terms. If you use the Service on behalf of a company, you declare that you can accept them on its behalf.

1. What Wintraits is

Wintraits analyses which attributes and combinations of attributes the winning products in a marketplace have, and compares a product listing or concept with them. Among other things, it offers the Wintraits Success Ratio of each category, traps and winning gaps, the Match Index (similarity with the winners) and a diagnosis of what a listing is missing.

During the current phase the Service is a free service in testing, with no guarantee of availability and with a daily limit. Paid features and their conditions will be published before they are enabled and will require express acceptance.

2. What the results mean (please read)

• The results are statistical: they describe what winning products tend to have. Correlation is not causation.
• We do not guarantee sales, positions in any ranking or any commercial result.
• The results are based on third-party data that may contain errors, delays or omissions, and on models with a margin of error that is stated in each report.
• They are not advice: commercial, legal, regulatory, tax or investment.
• Promises and certifications: if a report shows that winning products carry a promise («clinically proven», «reduces wrinkles by 30%») or a certification, you should only use it if it is true and you can prove it. In the EU, cosmetic claims must be substantiated (Regulation (EU) 655/2013) and claims for other products are subject to their own rules. You are responsible for the content of your listings.

3. Account and access

• Some features require an account with a valid email address. You must be over 18 and use the Service for professional purposes.
• You are responsible for keeping your password and API keys confidential, and for everything done with them. Let us know immediately if you think someone has obtained them.
• An account and its keys belong to one person or one company. Do not share, sell or transfer them.

4. Usage limits

There are daily limits on diagnoses and agent requests (API and MCP); those of each paid plan will be published on the pricing page. We may temporarily limit access if they are exceeded, if we detect use that puts the Service at risk, or to protect it.

5. Permitted uses

You may use the results for your own business: improving your listings, deciding on launches, preparing reports for your company and, if you are an agency, for your clients within what your plan allows.

You may cite published findings individually, stating the source: «Source: Wintraits, [category], [date], https://wintraits.com».

6. Prohibited uses

You may not:

• extract the results or data of the Service massively or systematically, using crawlers, robots or similar, or use them to build a database, service or product that competes with Wintraits;
• resell, sublicense or redistribute the results as your own or as a dataset;
• use the Service or its results to train third-party artificial intelligence models;
• try to get around the usage limits, for example with several accounts or by sharing keys;
• decompile, reverse engineer or try to access parts of the Service not intended for you;
• use the Service for unlawful or misleading purposes, or purposes that infringe the rights of third parties, including marketplace rules;
• overload or interfere with the operation of the Service.

If you break these rules we may suspend or close your account, with prior notice when reasonable.

7. Intellectual property

Wintraits, its brand, software, models, proprietary databases and report design belong to its owner or are used under licence. These terms only give you a personal, non-exclusive and non-transferable right of use while you use the Service.

The product data you send us for diagnosis remains yours. You authorise us to use it to give you the result and, in aggregated and anonymous form, to improve the Service. We do not publish or transfer it.

Wintraits is not affiliated with, sponsored or endorsed by Amazon or any other marketplace. The trademarks mentioned belong to their owners.

8. Availability and changes to the Service

The Service is in development. We may add, change or withdraw features and categories. We try to keep it running without interruption, but there may be downtime for maintenance, technical failures or causes beyond our control.

9. Liability

While the Service is free, it is offered «as is». To the extent permitted by law, the owner is not liable for the decisions you make with the results, nor for loss of sales, profits, data or opportunities, nor for indirect damage. Nothing above limits liability for wilful misconduct or gross negligence, or liability that the law does not allow to be excluded, in particular towards consumers.

10. Closing your account

You can stop using the Service and close your account whenever you want from your profile or by writing to contacto@wintraits.com. We may close accounts that have been inactive for more than 12 months, with prior notice by email.

11. Changes to these terms

If we change anything important we will let you know on the website and, if you have an account, by email, at least 15 days in advance. If you do not agree, you can stop using the Service.

12. Governing law and jurisdiction

These terms are governed by Spanish law. Any dispute will be heard by the courts that have jurisdiction under the law; if you act as a consumer, those of your place of residence. Before going to court, write to us: we will try to resolve it.