Winner, Baby!

Terms of Use

Last updated: June 4, 2026

These Terms of Use (“Terms”) govern your access to and use of the Winner, Baby website, applications, and related services (collectively, the “Service”), operated by Ninth Holdings LLC (“Company,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Eligibility

You must be at least 13 years of age (or the minimum age required in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

2. Accounts

Some features require an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information and to keep it up to date. Notify us immediately of any unauthorized use of your account. We are not liable for any loss arising from your failure to safeguard your credentials.

3. Acceptable Use

You agree not to, and not to permit others to:

  • Use the Service for any unlawful, fraudulent, or harmful purpose;
  • Upload or transmit content that is defamatory, obscene, infringing, or otherwise objectionable;
  • Interfere with or disrupt the integrity or performance of the Service;
  • Attempt to gain unauthorized access to the Service or related systems;
  • Reverse engineer, scrape, or harvest data from the Service except as permitted by law;
  • Use the Service to send unsolicited communications or to violate the privacy of others.

4. User Content

You retain ownership of the content you submit to the Service (“User Content”). By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display that content solely as necessary to operate and provide the Service. You are solely responsible for your User Content and represent that you have the rights necessary to submit it.

5. Intellectual Property

The Service, including its software, design, text, graphics, and trademarks, is owned by the Company or its licensors and is protected by intellectual property laws. Except for the rights expressly granted to you, these Terms do not transfer any right, title, or interest in the Service to you.

6. Third-Party Services

The Service may integrate with or link to third-party services that we do not control. We are not responsible for the content, policies, or practices of any third-party service, and your use of them is governed by their respective terms.

7. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify and hold harmless the Company and its affiliates from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Service, your User Content, or your violation of these Terms.

10. Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice. Upon termination, the rights granted to you under these Terms will cease. Sections that by their nature should survive termination will survive.

11. Governing Law

These Terms are governed by the laws of the United States and the State of Delaware, without regard to its conflict-of-laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware to resolve any dispute arising out of these Terms or the Service.

12. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the Service or by other reasonable means. Your continued use of the Service after the changes take effect constitutes your acceptance of the revised Terms.

13. Contact

If you have questions about these Terms, contact us at [email protected].