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These Terms of Use (“Terms”) form a binding contract you as a user (“you” or “your”) and Wing Financial, Inc. (referred to as “Wing,” “us,” “our,” or “we”). These Terms apply to your use of (1) our website located at https://www.wing.app/, and all of our other websites to which these Terms (collectively, the “Site”); (2) our mobile application(s) to which this Privacy Policy is posted (collectively, the “App”); and (3) any services, content, communications, and product features relating to the Site and App (together with the Site and the App, the “Services”).
By accessing, downloading or using any of the Services, you confirm your acceptance of these Terms and our associated Privacy Policy. If you do not agree to these Terms, you must immediately cease using the Services and uninstall the App.
NOTE: THESE TERMS CONTAIN AN ARBITRATION PROVISION WITH A CLASS ACTION WAIVER AND A WAIVER OF THE RIGHT TO A JURY. PLEASE REVIEW SECTION 17 BELOW BEFORE DOWNLOADING OR USING THE APP OR OUR SERVICES.
The Services may contain links to other websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including parties with which we partner (collectively “Third-Party Services”) for your convenience. We are not and cannot be responsible for the content, operation or use of the Third-Party Services. Your use of Third-Party Services is subject to the privacy practices and terms of use established for the Third-Party Services, and we disclaim all liability for such use. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these Third-Party Services, which you use at your own risk.
The “Terms” includes this Terms of Use agreement and our Privacy Policy and other terms or agreements that will be displayed to you at the time you first register or use certain features or Services, as may be amended by us from time to time.
The App may be available for download from one or more platforms, such as Apple iTunes or Google Play (“App Stores”). Your download, installation, access to or use of the App is also bound by the terms and conditions and privacy policies of the applicable App Store (“App Store Terms”). If there is any conflict between these Terms and the App Store Terms, then these Terms will prevail.
The App is independent of and is not associated, affiliated, sponsored, endorsed or in any way linked to any App Store. You and we acknowledge that these Terms are entered into between you and us only, and not with any App Store, and we, not the App Store, are solely responsible for the App and the content thereof to the extent specified in these Terms, and for addressing any claims relating to the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App. The relevant App Store, and that App Store’s subsidiaries, are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
We may from time to time modify, amend or vary these Terms (collectively, “Modifications”). Please check these Terms regularly to ensure you are aware of any Modifications made by us. If you continue to use the App and Services after such Modifications are posted, you are deemed to have accepted such Modifications. If you do not agree to such Modifications, you should discontinue use and uninstall the App and cease using the Services.
You understand and agree that we may change or discontinue the App or Services, or change or remove functionality of the App or Services any time at our sole discretion. Further, you acknowledge and agree that we shall determine the means, manner, and method for performing the Services. YOU AGREE THAT WE CAN SEND UPDATES TO THE APP DIRECTLY TO YOUR MOBILE DEVICE.
To be eligible to use the App and Services, you must be at least 18 years of age or the legal age of majority in your jurisdiction, and a resident in the United States and not named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
You agree to provide complete and accurate information when registering to use the App and registering to become a member to use our Services and to keep that information updated. You are responsible for maintaining the confidentiality of your user name and password (“User Credentials”) and for notifying us immediately of any loss or unauthorized use of your User Credentials. You are responsible for all activities on your account whether authorized or not.
You represent that:
You own all rights in and to any content provided by you (“User Content”), including any information, designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials, or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content;
You will fully comply with all applicable laws and agreements which govern your use of the Services; and
You will not use the Services in violation of any banking or anti-money laundering law or for any fraudulent or illegal activity.
Any personal information that you provide through the App and Services will be processed and shared in accordance with our Privacy Policy. Please note that we share you information with our Banking Providers to enable them to provide the Services. Please also note that we may collect information regarding your computer or mobile device (“Device”), such as IP address, network provider, mobile carrier, mobile browser type, timestamp, time zone, information about the speed, bearing, orientation, and altitude of a device, or other device-identifying information. We may also collect precise geolocation data from or about your Device, which may be expressed by latitude-longitude coordinates obtained through GPS tools, WiFi data, cell tower triangulation or other techniques. Our use of such information is described in our Privacy Policy.
You are responsible at your sole cost for all equipment, data and Internet access necessary to use and access the App and Services. You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by your Mobile Provider for data services while using certain features of the App or any other third-party charges as may arise and you accept sole responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App. You must also ensure that your use of the App is not in violation of your mobile device agreement or any wireless data service agreement.
You acknowledge that we may need to notify users of the App about the App or Services through the use of push notifications; we may also send users push notifications with offers and promotions about our products and services, and Third-Party Services. By agreeing to these Terms, you consent to receiving such push notifications to the extent consent is required by applicable law. You can opt-out of marketing push notifications, but not transaction or administrative-related notifications relating to the Services, your account or the App. Please note that opting out of receiving push notifications may impact your use of the Services.
Provided you are in compliance with these Terms, Wing hereby grants you a non-exclusive, non-transferable, revocable license to download and use the App for your personal, non-commercial use and only on an approved Apple or Android Device as permitted by the applicable App Store Terms and in accordance with these Terms (“User License”). All other rights in the App are reserved by Wing. In the event of your breach of these Terms, we will be entitled to terminate the User License immediately.
Payments: You agree to pay the specified membership fees in order to use the Services and authorize us to charge funds in your account or other payment mechanism that we may permit to make payments. Please see our FAQs for more detail on membership or account fees and charges. To the extent you access our Services through a mobile or tablet device, your wireless service carrier’s charges, data rates, and other fees may apply.
“Wing” and associated logos (“Wing Trademarks”) are the trademarks of Wing Financial, Inc. The Services and App and any content on the Services or App (“Content”) are owned by Wing Financial, Inc. or its licensors as applicable. Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third-Party Trademarks”). The Wing Trademarks, Services, Content and Third-Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Wing or the applicable trademark holder. The Services and the Content are protected by copyright, trademark, patent and other intellectual property and proprietary rights, which are reserved to Wing and its licensors.
You agree not to (i) reproduce, distribute, display, perform the App, Services or any of the Content except for the limited right to access and view the App, Services and Content on your Device for your own personal purposes in accordance with these Terms; (ii) modify, adapt or translate the App, Services or Content, or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the App or Services; (ii) remove any copyright notice, trade mark, legend, logo or product identification from the App, Services or Content; (iii) modify, translate or prepare derivative works of the App, Services or Content, or any portion thereof; (iv) make any commercial use of the App, Services or Content; or (v) rent, lease, distribute or lend the App, Services or Content to third parties.
You further agree not to:
Publish and/or make any use of the App, Services or Content on any website, media, network or system other than those provided by us, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Services or Content (or any part thereof);
Use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services (or any of its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Services;
Purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use our name or the Wing Trademarks and/or variations and misspellings thereof;
Impersonate any person or entity or provide false information on the Services, whether directly or indirectly, or otherwise disguise your identity or the origin of any message or transmittal you send to us and/or any of our other visitors or users;
Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that we or any third party endorses you, or any statement you make;
Reverse look-up, trace, or seek to trace another user of the Services, or otherwise interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Services without their express and informed consent;
Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Services or the account of another user or any other systems or networks connected to the Services, by hacking, password mining, or other illegitimate or prohibited means;
Probe, scan, or test the vulnerability of the Services or any network connected to the Services;
Upload to the Services or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
Take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the Services or our systems or networks connected to the Services, or otherwise interfere with or disrupt the operation of any of the Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; or
Use any of the Services in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising.
The Services may contain features that allow you to post or provide comments, photos, videos or other User Content. You retain the right to your User Content. However, you grant to Wing the worldwide, perpetual, irrevocable, fully transferable, fully-paid up and royalty-free right and license to use the User Content for any purposes, including without limitation, to reproduce, distribute, publish, modify, publicly display, publicly perform, make derivative works, and for any and all commercial purposes, and in any and all media and formats, whether now known or hereafter created. Please note that User Content may be made publicly available to other users or to the public at large and so you should not disclose any content that you do not wish to be made public.
You agree not to use the App or Services in any way, provide User Content or engage in any conduct that:
Is unlawful, illegal or unauthorized;
Is defamatory of any other person;
Is obscene, sexually explicit or offensive;
Advertises or promotes any other product or business;
Is likely to harass, upset, embarrass, alarm or annoy any other person;
Is likely to disrupt our Services in any way;
Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Infringes any copyright, trademark, trade secret, or other proprietary right of any other person; or
Advocates, promotes or assists any violence or any unlawful act.
We reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove or block any User Content that violates these Terms, including without limitation Section 12. In addition, we reserve the right at our sole discretion to terminate any user’s access to the App and Services if they violate this Section 12 or any other provision of these Terms.
You agree to defend, indemnify, and hold harmless Wing, and its parent company, affiliates, officers, directors, employees, and agents (collectively, “Indemnitees”) against any lawsuit, liability, injuries, damages or expense (including attorney’s fees) arising from your use of the Services, User Content or breach of these Terms or any representation and warranty contained herein. The Indemnitees reserve the right to control the defense and settlement of any third-party claim for which you indemnify Indemnitees under these Terms and you will assist us in exercising such rights.
We provide the Services and Content on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Wing does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content. To the fullest extent permitted by applicable law, Wing hereby excludes all warranties, whether express or implied, including any warranties of merchantability, fitness for a particular use, or that the App or Services are of satisfactory quality, non-infringing, is free of defects, or is able to operate on an uninterrupted basis, or that the use of the App or Services by you is in compliance with laws or that any information that you transmit in connection with the App or Services will be successfully, accurately or securely transmitted.
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WING NOR ANY OF THE INDEMNITEES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO (1) THE APP OR SERVICES, AND/OR ANY THIRD-PARTY SERVICES; (2), MISTAKES, OR INACCURACIES OF OR IN ANY CONTENT; (3) ANY PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SERVICES; (4) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR ANY OTHER INFORMATION STORED THEREIN; (5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (6) THE USE OR DISPLAY OF ANY CONTENT OR USER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES; OR (7) EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING ANY INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EARTHQUAKES, PANDEMICS, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF COURTS, AGENCIES OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE APP OR SERVICES IS TO STOP USING THE APP OR SERVICES, AS APPLICABLE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
In the event that applicable law does not allow the disclaimer of certain warranties and/or the limitation of liability for direct, indirect, consequential or other damages, in no event shall Indemnitees’ liability arising under or in connection with these Terms and your use of the App or Services exceed $100.
These Terms shall be governed by the laws of the State of California, without regard to its choice of law principles. In the event arbitration does not apply, we and you irrevocably submit to the jurisdiction of the state and federal courts of County of Orange, California with regard to any dispute arising out of or relating to these Terms or the Services.
We want to address your concerns without needing a formal legal case. Before filing a claim against Wing, you agree to try to resolve the dispute informally by contacting admin@wing.app. We will try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Wing may bring a formal proceeding. You and we agree that any dispute, claim or controversy between you and us arising in connection with or relating in any way to these Terms or the Services will be determined by mandatory binding individual (not class) arbitration.
You and Wing further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this dispute resolution provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This dispute resolution provision will survive termination of these Terms.
You and Wing both agree that nothing in this dispute resolution provision will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court, or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, including to stop unauthorized use or abuse of the Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. In addition, this provision does not stop you or us from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
NO CLASS ACTIONS: YOU MAY ONLY RESOLVE DISPUTES OR CLAIMS WITH WING ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS. Unless both you and Wing agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Either you or we may start arbitration proceedings. Any arbitration between you and Wing will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and Wing agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.
Any arbitration hearings will take place in either the County of Orange or the U.S. county of your residence address (if you do not live in the U.S., then the location will be Orange County), provided that if the claim is for US $25,000 or less, you or Wing may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in Orange County or the county of your billing address.
If you choose to file an arbitration proceeding and you are required to pay a filing fee, Wing will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. Wing will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
If this dispute resolution provision is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 16 shall govern any claim in court arising out of or related to the Agreement.
These Terms are effective unless and until terminated by either you or Wing. You may terminate these Terms at any time, provided that you discontinue any further use of the App and associated Services. We also may terminate or suspend these Terms, at any time, without notice and accordingly deny you access to the App and associated Services, for any reason, including without limitation, if at our sole discretion you fail to comply with any provision of these Terms or your use is harmful to the interests of another user of the App. Upon any termination of the Terms by either you or us, you must promptly uninstall the App and cease using the Services.
If your account or any Services or Third-Party Services related to your account are cancelled, such cancellation may cause or result in the loss of certain content, features, or capacity of your account, including any User Content, visitor or user data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (collectively, “Capacity Loss”). We shall have no liability or responsibility for any Capacity Loss.
Sections 8 through 23 and any claim for breach of these Terms shall survive termination of these Terms.
We respect the intellectual property rights of others and require that users of our App and Services do the same. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are sent to 4041 MacArthur Blvd. Suite 400 Newport Beach California 92660.
To be sure the matter is handled immediately, your written notice must:
Contain your physical or electronic signature;
Identify the copyrighted work or other intellectual property alleged to have been infringed;
Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
Contain a statement that the information in the written notice is accurate; and
Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We reserve the right, in our sole discretion, to terminate the account or access of any user of the App and Services who is the subject of repeated DMCA or other infringement notifications.
You agree that you must commence any arbitration or legal action relating to any claim arising out of the Services or these Terms within one (1) year after such claim arose, or such claim will be forever barred.
We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the applicable Site, Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Such notice to you will be deemed received and effective upon receipt or twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between you and Wing with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, waived or modified except by Wing as provided herein or otherwise by written instrument signed by Wing. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with Wing’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. Wing may assign, transfer or delegate this or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
If you have any questions regarding our App or Services, you can email us at admin@wing.app.