These Terms of Service ("Terms") constitute a legally binding agreement between the entity accepting these Terms ("Customer", "you", "your") and Wawade AB ("Company", "we", "us", "our"), governing your access to and use of the Spinaker platform and related services (the "Service").
By accessing or using the Service, you confirm that you have the authority to bind the Customer to these Terms. If you do not agree to these Terms, you may not use the Service.
1. Definitions
"Ad Account" means a LinkedIn advertising account connected to the Service by an authorized user.
"Content" means any data, text, images, or other materials uploaded to, generated by, or transmitted through the Service, including LinkedIn Ads data.
"LinkedIn Data" means any data obtained through the LinkedIn Marketing API, including Ad Account information, campaign data, ad creative data, and related metadata.
"Plan" means the subscription tier selected by Customer that determines the features and scope of access to the Service.
"Subscription" means Customer's use of the Service under a selected Plan, including all associated Users, Ad Accounts, and data.
"User" means any individual authorized by Customer to access the Service under Customer's Subscription.
2. Eligibility and registration
2.1 Eligibility
The Service is intended for business use only. By using the Service, you represent that you are at least 18 years old and are entering into these Terms in a business capacity.
2.2 Registration
To use the Service, you must register and authenticate via Google OAuth. You are responsible for maintaining the confidentiality of your authentication credentials and for all activities conducted by Users within your Subscription.
2.3 Single legal entity per subscription
Each Subscription must represent a single legal entity. All Users within a Subscription must be employees, contractors, or authorized representatives of that entity. You may not share a Subscription across unrelated organizations.
2.4 Accurate information
You agree to provide accurate and complete information when registering and to keep this information up to date.
3. Service description
The Service enables business users to manage LinkedIn advertising campaigns. The specific features and functionality available may change over time as we develop and improve the Service.
The Service interacts with LinkedIn's systems through the LinkedIn Marketing API. The availability and functionality of the Service depends in part on the continued availability and functionality of the LinkedIn Marketing API.
4. Free trial
4.1 Trial period
We may offer a free trial period for new Customers. The duration and scope of the free trial will be specified at the time of registration.
4.2 Trial terms
During the free trial, these Terms apply in full. We reserve the right, at our sole discretion, to limit, modify, or terminate the free trial at any time without prior notice.
4.3 Conversion to paid subscription
At the end of the free trial, you must subscribe to a paid Plan to continue using the Service. If you do not subscribe, your access to the Service will be suspended.
5. Subscription plans and payment
5.1 Plans
The Service is available under monthly and annual subscription Plans. Plan details, pricing, and feature scope are published on our website and may be updated from time to time.
5.2 Billing
Payment is processed through Stripe. By subscribing, you authorize us to charge the payment method on file for the applicable subscription fees. Monthly plans are billed in advance on a recurring monthly basis. Annual plans are billed in advance for the full annual period.
5.3 Taxes
All fees are exclusive of applicable taxes. You are responsible for any taxes, duties, or levies imposed by applicable tax authorities. We will charge applicable taxes where required by law.
5.4 Price changes
We may change subscription pricing upon 30 days' prior written notice. Price changes take effect at the start of the first billing period that begins at least 30 days after the notice. If you do not agree to the new pricing, you may cancel your Subscription before the new pricing takes effect.
5.5 Failed payments
If a payment fails, we will notify you and may suspend access to the Service until the payment is resolved.
6. Cancellation and termination
6.1 Cancellation by Customer
You may cancel your Subscription at any time. Cancellation takes effect at the end of the current billing period (monthly or annual, as applicable). No pro-rata refunds are provided for any unused portion of a billing period.
6.2 Termination by Company
We may suspend or terminate your access to the Service immediately, at our sole discretion, if:
- You breach these Terms
- You fail to pay applicable fees
- Your use of the Service poses a security risk or may cause harm to other users or to the Service
- We are required to do so by law
6.3 Effect of termination
Upon termination:
- Your right to access the Service ceases immediately
- We will delete your data in accordance with our privacy policy and, where applicable, our Data Processing Agreement
- LinkedIn OAuth tokens will be revoked
- Audit logs related to your Subscription will be retained for up to 90 days (per our standard retention policy), then automatically deleted
Termination does not relieve you of any obligation to pay fees incurred prior to termination.
7. LinkedIn data and API responsibilities
7.1 Authorization
You are solely responsible for ensuring that you have proper authorization to access and manage each Ad Account connected to the Service. You represent and warrant that:
- You are the rightful owner of the Ad Account, or have been explicitly authorized by the Ad Account owner to manage it
- You will comply with LinkedIn's Terms of Service, advertising policies, and all applicable LinkedIn agreements
- You will obtain and maintain all necessary permissions, consents, and authorizations required by LinkedIn
7.2 LinkedIn API dependency
The Service depends on the LinkedIn Marketing API. You acknowledge that:
- LinkedIn may change, limit, or discontinue its API at any time, which may affect Service functionality
- LinkedIn may impose rate limits, usage restrictions, or other conditions that affect the Service
- We are not responsible for any actions taken by LinkedIn with respect to your Ad Accounts, including suspension, restriction, or termination of your LinkedIn accounts or API access
- Data accuracy depends on the LinkedIn API; we do not guarantee that data displayed in the Service reflects the real-time state of your Ad Accounts
7.3 Your responsibilities
You are solely responsible for:
- The content and targeting of your LinkedIn advertisements
- Compliance with LinkedIn's advertising policies and community standards
- Any spending, budget changes, or campaign modifications made through the Service, whether initiated by you or by Users you have authorized
- Reviewing and confirming changes before publishing them to LinkedIn
- Maintaining adequate Ad Account billing to cover ad spend
7.4 No advertising guarantees
We do not guarantee any particular advertising outcomes, including but not limited to impressions, clicks, conversions, audience reach, or return on ad spend. The Service is a management tool; advertising performance depends on factors entirely outside our control.
8. Acceptable use
8.1 Permitted use
You may use the Service only for lawful business purposes in accordance with these Terms, LinkedIn's Terms of Service, and all applicable laws and regulations.
8.2 Prohibited conduct
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation
- Access or attempt to access Subscriptions, Ad Accounts, or data that you are not authorized to access
- Circumvent, disable, or interfere with security features of the Service
- Use the Service to send spam, distribute malware, or engage in any form of abuse
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
- Use automated scripts, bots, or scrapers to access the Service (except through our official API, if provided)
- Resell, sublicense, or provide the Service to third parties without our prior written consent
- Use the Service in a manner that could damage, disable, overburden, or impair the Service
- Attempt to circumvent LinkedIn API rate limits or usage restrictions through the Service
- Use the Service to collect or harvest personal data of individuals without a lawful basis
- Upload or transmit any content that infringes on the intellectual property rights of any third party
8.3 Enforcement
We may investigate and take action against violations of Section 8, including suspending or terminating your access to the Service, at our sole discretion.
9. Intellectual property
9.1 Company IP
The Service, including its software, design, documentation, and all related intellectual property, is owned by the Company or its licensors. These Terms do not grant you any ownership interest in the Service.
9.2 License to use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for the duration of your Subscription.
9.3 Customer content
You retain ownership of any content you upload to the Service. By uploading content, you grant us a limited license to process, store, and display such content solely for the purpose of providing the Service.
9.4 LinkedIn data ownership
LinkedIn Data accessed through the Service remains subject to LinkedIn's Terms of Service. Neither party acquires ownership of LinkedIn Data through the use of the Service.
9.5 Feedback
If you provide suggestions, ideas, or feedback about the Service, we may use and incorporate such feedback without restriction or obligation to you.
10. Data protection and privacy
10.1 Privacy policy
Our collection and use of personal data is governed by our privacy policy.
10.2 Data processing
Where we process personal data on your behalf, such processing is governed by our Data Processing Agreement, available on request at [email protected].
10.3 Data security
We implement reasonable technical and organizational measures to protect your data as described in our privacy policy. You acknowledge that no method of electronic transmission or storage is completely secure, and we do not warrant or guarantee the absolute security of any data transmitted to, from, or through the Service.
10.4 Data deletion
Upon termination of your Subscription and/or User, your data is deleted in accordance with our privacy policy and deletion procedures. LinkedIn Data is deleted within 10 days of termination, in compliance with LinkedIn API Terms.
11. Service availability
11.1 Best-effort availability
The Service is provided on a best-effort basis. We do not guarantee any specific uptime percentage or service level. We do not offer a service level agreement (SLA).
11.2 Maintenance and interruptions
We may perform scheduled or unscheduled maintenance that may temporarily affect the availability of the Service. We will endeavor to provide advance notice of planned maintenance when practicable, but are not obligated to do so.
11.3 No liability for downtime
We are not liable for any loss, damage, or inconvenience caused by the unavailability of the Service, whether due to maintenance, technical issues, third-party service outages (including LinkedIn API outages), force majeure events, or any other cause.
12. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE
- ANY ERRORS IN THE SERVICE WILL BE CORRECTED
- THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS
- THE SERVICE WILL BE COMPATIBLE WITH ANY THIRD-PARTY PLATFORM OR SERVICE, INCLUDING LINKEDIN, AT ALL TIMES
- DATA SYNCED BETWEEN THE SERVICE AND LINKEDIN WILL BE ACCURATE, COMPLETE, OR REFLECT THE REAL-TIME STATE OF YOUR AD ACCOUNTS
- CHANGES MADE THROUGH THE SERVICE WILL BE APPLIED TO LINKEDIN CORRECTLY OR WITHIN ANY PARTICULAR TIMEFRAME
YOU ACKNOWLEDGE THAT THE SERVICE INTERACTS WITH THIRD-PARTY SYSTEMS (INCLUDING THE LINKEDIN MARKETING API) THAT ARE OUTSIDE OUR CONTROL, AND THAT ERRORS, DELAYS, OR FAILURES IN THOSE SYSTEMS MAY AFFECT THE SERVICE.
13. Limitation of liability
13.1 Exclusion of consequential damages
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY:
- LOSS OF PROFITS, REVENUE, OR BUSINESS
- LOSS OF DATA OR DATA CORRUPTION
- LOSS OF GOODWILL OR REPUTATION
- LOSS ARISING FROM OR RELATED TO YOUR LINKEDIN ADVERTISING, INCLUDING BUT NOT LIMITED TO WASTED AD SPEND, INCORRECT CAMPAIGN CONFIGURATIONS, UNINTENDED BUDGET CHANGES, PAUSED OR ACTIVATED CAMPAIGNS, INCORRECT TARGETING, DISAPPROVED ADS, OR ANY OTHER IMPACT ON YOUR LINKEDIN ADVERTISING ACTIVITIES
- LOSS ARISING FROM INTERRUPTIONS, BUGS, ERRORS, DOWNTIME, OR OTHER DEFECTS IN THE SERVICE
- LOSS ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS
- LOSS ARISING FROM THE ACTIONS OR INACTIONS OF LINKEDIN OR ANY OTHER THIRD PARTY
- COST OF PROCUREMENT OF SUBSTITUTE SERVICES
HOWEVER ARISING, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 Liability cap
THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IF YOU ARE ON A FREE TRIAL OR HAVE NOT PAID ANY FEES, THE COMPANY'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED EUROS (€100).
13.3 Essential basis
YOU ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE SERVICE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.
13.4 Mandatory law
Nothing in these Terms shall limit or exclude either party's liability for death or personal injury caused by its negligence; for fraud or fraudulent misrepresentation; for gross negligence or willful misconduct; or any other liability that may not be excluded or limited by applicable law.
14. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including any legal fees) arising out of or related to:
- Your use of the Service
- Your breach of these Terms
- Your violation of any applicable law, regulation, or third-party rights
- Your LinkedIn advertising activities, including ad content, targeting decisions, and campaign management
- Your failure to obtain or maintain proper authorization for Ad Accounts connected to the Service
15. Third-party services
15.1 LinkedIn disclaimer
Spinaker is an independent product developed by Wawade AB. Spinaker is not affiliated with, endorsed by, sponsored by, or in any way officially connected with LinkedIn Corporation or any of its subsidiaries or affiliates. "LinkedIn" is a registered trademark of LinkedIn Corporation.
15.2 Third-party dependencies
The Service integrates with third-party services, including LinkedIn, Google, and Stripe. We are not responsible for the availability, accuracy, or performance of third-party services. Your use of third-party services is subject to their respective terms and policies.
16. Modifications to the Service and Terms
16.1 Service modifications
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
16.2 Changes to Terms
We may update these Terms from time to time. We will notify you of material changes at least 30 days before they take effect, by email or through an in-app notification. Your continued use of the Service after the effective date of updated Terms constitutes acceptance of the changes. If you do not agree with the updated Terms, you must stop using the Service and cancel your Subscription.
17. General provisions
17.1 Entire agreement
These Terms, together with the privacy policy, cookie policy, and any applicable Data Processing Agreement (each as amended from time to time), constitute the entire agreement between you and the Company regarding the Service.
17.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
17.3 Waiver
The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
17.4 Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
17.5 Force majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, government actions, labor disputes, internet or telecommunications failures, third-party service outages, pandemic, or acts of God.
18. Governing law and dispute resolution
18.1 Governing law
These Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of laws principles.
18.2 Dispute resolution
Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Stockholm, Sweden.
19. Contact information
If you have questions about these Terms, please contact:
Wawade AB
Medevigatan 8, 113 61 Stockholm, Sweden
Email: [email protected]
For privacy-related inquiries, contact: [email protected]