Welcome to WingBud!
WingBud is owned and operated by WingBud Enterprises.
These are the terms and conditions for:
• WingBud mobile application (Available on App Store).
By downloading and using the platform, you agree to these terms and conditions and our privacy policy. In these terms and conditions, the words "platform" refers to the WingBud mobile application and the WingBud website together, "we", "us", "our" and "WingBud" refers to WingBud and "you" and "user" refers to you, the WingBud user.
The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of WingBud accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE CONDITIONS CAREFULLY BEFORE DOWNLOADING AND USING THE FUNCTIONALITIES AVAILABLE ON THE PLATFORM.
1. ACCEPTANCE OF TERMS
By downloading and using the platform you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use our platform. We may modify this agreement from time to time, and such modification will be effective upon posting on the platform. You agree to be bound by any modification of these terms and conditions when you use WingBud after the posting of such modification; therefore, it is important that you review this agreement regularly.
The platform is not directed to persons under the age of 18. WingBud does not knowingly collect information from persons under the age of 18. It is the responsibility of parents and legal guardians to determine whether use of the platform or any of the content and functionality available on the platform is appropriate for their child or ward.
By downloading and using the platform, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into this agreement.
2. NOTIFICATIONS
By agreeing to these terms and conditions, you consent to WingBud sending you communications via email, text messages and push notifications about updates and news
related to the platform, as well as notifications related to bookings made by users. If you do not wish to receive these emails, you may opt-out of receiving them by using the "unsubscribe" option in the emails or in the user's account settings in the notifications section. Push notifications can be disabled through the user's platform and device settings.
3. WINGMEN
3.1. Registration and Profile
Wingmen are those users who publish their services through their profile with the purpose of helping Customers to socialize and be introduced to other people, helping them to meet new people at the agreed meeting place and time for the designated cost.
In consideration of your use of the platform as a Wingman, you represent that you are of legal age to form a binding contract under any applicable jurisdiction. You agree to provide true, accurate, current and complete information about yourself and your services as prompted by the registration form available on WingBud, and to maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WingBud reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any part thereof) at any time without notice.
Wingmen must fill out the registration form available on the platform, choose a password and submit to an identity and background check by WingBud. Identity and criminal background checks will be conducted through Sterling. By registering as a Wingman, you authorize us to share your personal information with Sterling for the sole and exclusive purpose of performing identity and criminal background checks.
Once the background and identity of the Wingman has been verified, the user will be able to create a profile as a Wingman on the platform by providing a photo, biography, hourly rate and the time slots in the calendar in which the Wingman will be able to receive bookings from customers.
You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WingBud of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without WingBud's prior authorization. The account is personal and non-transferable. WingBud will not be liable for any loss or damage arising from your breach of this agreement.
Wingmen may cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to WingBud, including the deletion of your profile on the platform. WingBud reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if WingBud believes that you have violated any of these terms.
3.2. Bookings
As a Wingman registered with WingBud, you are entitled to receive booking requests from customers. These requests will be made according to the rate you have set and published in your profile.
Once a booking request is received, Wingman has the full right to accept or reject such request at its discretion, based on availability, compatibility or other reasons it deems relevant.
Once a Wingman has accepted a booking request, Wingman may communicate directly with the Customer through the chat provided by WingBud. This chat is the official communication channel and should be used to clarify details, define expectations and coordinate any aspect related to the booking.
Upon acceptance of a booking, the Wingman commits to meet the Customer at the agreed place, date and time. The platform will provide an OTP code to be exchanged with the Customer at the beginning of the meeting in order to confirm the start of the meeting. During the meeting, the Wingman will strive to help the Customer socialize and connect with others, ensuring a positive experience in accordance with WingBud's standards.
3.3. Types of Services
Within the WingBud platform, the Wingman has the ability to offer and/or participate in different types of services:
a) Standard Booking: Allows a Customer to book an individual meeting with a Wingman according to the times booked and location selected by the Customer.
b) Bootcamps: The Wingman has the power to organize and manage bootcamps. These are specialized programs or sessions where multiple customers can sign up and participate. Each bootcamp will have specific details, such as agenda, duration and attendee capacity, which will be defined and managed by the Wingman.
c) Events: WingBud may suggest general public events at which Wingmen may offer their services and receive bookings from clients for such events. Please note that WingBud only suggests events but does not organize or manage the events. Events suggested by WingBud are organized by third parties who have no contractual or other relationship with WingBud. It is the responsibility of the Wingman to receive bookings and provide its services at such events and in accordance with the guidelines contained in these terms.
By offering any of the aforementioned services, the Wingman agrees to comply with the standards of quality and professionalism established by WingBud, guaranteeing a positive and enriching experience for the Customers.
All bookings, whether for a Standard Booking, a Bootcamp or an Event, shall be managed through WingBud, thus ensuring security and transparency in the process for both the Wingman and the Customer.
3.4. Withdrawals
The Wingman will receive 100% of the published price for his services and bookings received and completed. The Wingman will be able to view and manage his balance through the "My Bookings" section or a similar section within the profile.
The Wingman has the option to withdraw the funds accumulated in the virtual account to his/her bank account or payment method selected during the WingBud registration process. The processing time and possible fees associated with the withdrawal will be subject to the terms and conditions of the applicable payment processor or financial institution.
4. CUSTOMERS
4.1 Registration and Profile
Customers are those users who book meetings through the Wingmen' profiles for the purpose of receiving a social orientation from the Wingmen and being introduced to other people during the booked meetings and at the established meeting place.
In consideration of your use of the platform as a Customer, you represent that you are of legal age to form a binding contract under any applicable jurisdiction. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form available on WingBud, and to maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WingBud reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any part thereof) at any time without notice.
Customers must complete the registration form available on the platform, choose a password, link a payment method to the account and create a customer profile on the platform by providing a photo and indicating their interests.
You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WingBud of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without WingBud's prior authorization. The account is personal and non-transferable. WingBud will not be liable for any loss or damage arising from your breach of this agreement.
Customers may cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to WingBud, including the deletion of your profile on the platform. WingBud reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if WingBud believes that you have violated any of these terms.
4.2. Bookings
Customers are free to explore and select a Wingman of their choice, based on the profiles published on the platform.
Once the Wingman has been chosen, the Client must select the desired date and time, according to the calendar and availability shown in the Wingman's profile. The booking process will then be carried out directly on the selected Wingman's profile. To complete the payment of the booking, the Customer must access through the "Review your Booking" section where the Customer can enter his/her credit card details and complete the payment.
The Wingman has the right to accept or reject any booking made. In case of acceptance by the Wingman, the payment will be processed and the booking will be officially confirmed in the system.
Once the booking is accepted, the Customer will be able to communicate directly with the Wingman through the chat provided by WingBud to discuss further details, such as the exact meeting place.
At the time of the physical meeting at the designated meeting location, both the Customer and the Wingman must exchange an OTP code, provided by WingBud, to validate and confirm the official start of the meeting.
The standard fee covers a 1 hour meeting duration with the Wingman. The Customer may book additional meeting hours provided that this extension is booked and paid for in a single transaction and booking.
4.3. Payments
Bookings can be paid through the following payment methods:
Credit/debit card (Visa, Mastercard, Discover, Amex, etc.).
Payments will be processed through our payment processor, Stripe. The Customer must pay the price of the booking according to the number of hours booked and the rate established by the Wingman, in addition to 'WingBud Platform Fee’ and processing fee at the time of booking. Payment will be charged to the Customer's credit/debit card or PayPal account immediately upon successful booking. Once the transaction is processed, we will send an electronic receipt of the transaction to the customer's email address with the booking confirmation. In case Wingman rejects the booking, the payment will be refunded to the method of payment used by the Customer and the booking will not be processed and confirmed.
If you find any inconsistencies in your billing, please contact us through our contact details by providing the booking ID or you can make the claim through the customer service of the relevant payment processor.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch, or you have entered an incorrect security code.
If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.
Your payment details will be treated and safeguarded securely and for the sole purpose of processing reservations. WingBud reserves the right to contract any payment platform available on the market.
4.4. Fees
In addition to the price established by wingmen for bookings, the Customer will be obliged to pay a 'WingBud Platform Fee', which will be calculated as a percentage of the total price of the booking. In addition, a fixed processing fee will be applied.
The invoice with all charges associated with the booking will be presented on the "REVIEW YOUR BOOKING" page. Before making the payment, the Customer will have the opportunity to review in detail each of the charges, including the base price of the booking, the 'WingBud Platform Fee', and the processing fee. To facilitate better understanding and transparency, a link titled "SEE BREAKDOWN" will be provided, where the Customer will be able to view a detailed breakdown of all costs associated with their booking.
WingBud reserves the right to modify, at its sole discretion, the percentages, flat rates and any other charges at any time. However, the Customer will always be assured that the price shown in "SEE BREAKDOWN" will accurately reflect the total amount that will be charged to the Customer's credit card.
It is the Customer's responsibility to review and understand all rates before confirming and making payment. By proceeding with payment, the Customer accepts and agrees to all stated fees and charges.
4.5. Cancellations
The Customer has the right to cancel a meeting booked with a Wingman through the platform. The booking can be cancelled at any time, provided it is made at least 12 hours in advance of the time set for the booked meeting. If the cancellation is made within this time frame, the Customer will receive a full refund of the booking.
To cancel a booking, the Customer must access his/her profile on the platform, in the "My Bookings" section and select the option to cancel the meeting booked with the corresponding Wingman. A cancellation confirmation will be sent to the Customer's registered email once the process is completed.
If a Customer cancels the booking less than 12 hours prior to the scheduled meeting, the corresponding charge will be applied and no refund will be issued.
In the event that the booked meeting is cancelled by the Wingman, the Customer will receive a full refund of the booking.
4.6. Types of Customer Bookings
Within WingBud, as a Customer, you have the option to access different types of services offered by Wingmen and/or the platform:
a) Standard Booking: You can book an individual meeting with a Wingman of your choice. This modality is one-on-one, allowing you to interact in a personalized way with the Wingman and benefit from a meeting tailored to your needs and objectives.
b) Bootcamps: Wingmen can organize and offer bootcamps, which are specialized programs or sessions. You are free to sign up for the bootcamp that is of interest to you. Each bootcamp has detailed specifications, such as agenda, duration and limit of attendees, which are provided and managed by the organizing Wingman.
c) Events: WingBud may suggest general public events where Customers may book Wingmen's services for such events. Please note that WingBud only suggests events but does not organize or manage the events. Events suggested by WingBud are organized by third parties who have no contractual or other relationship with WingBud. It is the Customer's responsibility to book the services of the Wingmen for such suggested events and it is the responsibility of the Wingman to provide their services at such events and in accordance with the guidelines contained in these terms.
By making use of any of the aforementioned services, the Customer agrees to respect WingBud's rules and policies, as well as to maintain an appropriate and respectful conduct with Wingmen and other Customers.
All bookings, whether for a Standard Booking, a Bootcamp or an Event, must be made and confirmed through the platform. This ensures a secure and transparent booking process for you and the Wingman.
5. APPROPRIATE BEHAVIOR
All WingBud users agree to maintain respectful and professional conduct in all interactions within the platform. Although WingBud allows you to book meetings with other users (Wingmen), it is imperative to understand that WingBud is NOT a dating platform nor is it intended to foster romantic or intimate relationships among its users.
Each user is expected to:
• Interact with others in a respectful manner, avoiding any harassment, discrimination or offensive behavior.
• Use the platform for the primary purpose of sharing and learning about places, and socializing in a friendly and professional context.
• Refrain from using inappropriate language, images or any other content that may be considered offensive or inappropriate for a professional and friendly environment.
WingBud reserves the right to suspend or delete accounts that do not comply with these guidelines, and to take appropriate legal action in the event of conduct that violates the integrity and safety of other users.
6. RATINGS AND COMMENTS
At the conclusion of any meeting booked through the platform, both Customers and Wingmen will have the ability to rate their mutual experience.
Both parties, the Customer and the Wingman, will be able to give a rating based on their experience, on the scale provided by the platform, which objectively reflects the degree of satisfaction or dissatisfaction with the meeting.
In addition to the rating, both parties may leave written comments on the counterpart's profile. These comments should be constructive, respectful and accurately reflect the experience of the meeting. WingBud reserves the right to moderate or delete comments that do not meet these criteria or that are deemed offensive, defamatory or inappropriate.
Ratings and comments will be visible to other WingBud users in order to provide transparency and assist future Customers and Wingmen in their decision making process when choosing or accepting bookings.
All users, both Customers and Wingmen, are expected to use the rating and feedback system with honesty and integrity. Any attempt to manipulate, either to unfairly inflate ratings or to damage another user's reputation without valid grounds, may result in penalties ranging from deletion of comments to suspension or deletion of the offending user's account.
7. LIIMITATION OF LIABILITY
Although WingBud facilitates the booking of meetings between Customers and Wingmen through their profiles, WingBud acts only as an intermediary or marketplace that allows the publication of the Wingmen' profiles and services but does not provide the Wingmen' services. Wingmen are not employees of WingBud and are solely and exclusively responsible for their services and the meetings booked by Customers. WingBud has no direct control over, nor does it personally supervise the meetings that take place as a result of these bookings and interactions.
The user is fully responsible for declaring and paying their own taxes related to transactions or services obtained through the platform. WingBud is not responsible for the tax obligations or management of any user of the platform, nor for any penalties resulting from non-compliance.
WingBud shall not be liable for any damages, direct or indirect, that may arise from meetings between Customers and Wingmen, including, but not limited to, physical, emotional, material or any other type of harm.
It is the responsibility of each Customer to exercise his or her own judgment and take safety precautions when arranging and attending meetings with Wingmen. Similarly, Wingmen are responsible for ensuring the integrity of the meetings they provide.
While WingBud strives to ensure the authenticity and security of profiles on the platform, it cannot guarantee the truthfulness, integrity or intentions of users. Therefore, all users should proceed with caution and discernment when interacting and scheduling meetings with other users through the platform.
WingBud is not responsible for any damage to the physical or moral integrity of users or any person, such as injury, death or any other moral damage such as threats, insults and slander that may fall on a natural person, as a result of communications or reservations established on the platform. Communications and relationships established between users as a result of any connection within the platform are the sole and exclusive responsibility of the users.
By using the platform, the user accepts that any claim, damage or liability arising from their interaction or meeting with other users will be their own responsibility and exempts WingBud and its directors, employees, collaborators and affiliates from any type of liability.
8. LICENSE TO USE THE PLATFORM
WingBud grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive license to use the WingBud platform and download it from the App Store and Google Play services free of charge, including but not limited to modified versions, updates, upgrades, improvements, enhancements, additions, additions and copies, where applicable. This license is for the sole purpose of allowing you to use the features available on the platform in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any part of our platform or the included software, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law, or unless you have our written permission.
You agree not to use the platform and the services and platform in a negligent, fraudulent or unlawful manner. The user also undertakes not to engage in any conduct or action that could damage the image, interests or rights of WingBud or any third party.
WingBud reserves the right to terminate the user's access immediately, with or without notice, and without liability to the user, if WingBud considers that the user has violated any of these terms.
9. USER CONTENT
Some features of the platform may allow users to provide information through their account and profile. You retain copyright or any rights you may have in the content you provide through the platform. WingBud is not responsible for the accuracy, safety or legality of content posted on the platform by users. Users are solely and exclusively responsible for their content and the consequences of its publication. By providing content and information through the platform, the user grants WingBud a global, non-exclusive, free, royalty-free right and license to host, store, save, transfer, display, reproduce, play and modify the user content for the sole purpose of displaying it through the platform and to the general public.
By providing content through the platform, you affirm, represent and warrant that:
• You are the owner of the content you provide through the platform, or have the necessary licenses, rights, consents and permissions to authorize WingBud to publish and display your content through the platform.
• Your content does not infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right.
• Your content does not defame, libel or invade the privacy, publicity or other proprietary rights of any other person.
• Your content does not cause WingBud to violate any law or regulation.
• Your content could not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.
WingBud may, at any time and without notice, filter, remove, edit or block any user content that, in our sole judgment, violates these terms and conditions or is otherwise objectionable, including removing any user profile that violates our community standards and these terms and conditions. If a user or content owner notifies us that user content allegedly does not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. You acknowledge and agree that WingBud reserves the right to, and may from time to time, monitor any and all information transmitted or received through the service for operational and other purposes.
10. CHAT AND MESSAGING
The platform contains chat areas or messaging services to enable communication between users. The user may only use the chat or messaging service to send and receive messages that are relevant and specific to the purposes of the platform. The user may NOT use the chat or messaging service available on the platform to perform any of the following actions:
• Send messages that are defamatory, violent, profane, harassing, obscene, threatening or messages that otherwise violate the legal rights of users or third parties, including WingBud staff.
• Send messages of a sexual or pornographic nature.
• Send messages that promote illegal activities.
• Advertise or offer to sell any goods or services for commercial purposes.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Impersonate another person or user or allow any other person or entity to use your account to send messages or otherwise use your account.
• Repeatedly send the same message. Spamming is strictly prohibited.
• Imply or assert that any statement you make is endorsed by WingBud, without WingBud's prior written consent.
• Post offensive and/or harmful messages, including, but not limited to, content that advocates, supports, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
• Use the platform to solicit any other business, platform or service, or contact users for the purpose of employment, recruitment or any other purpose unrelated to the use of the platform.
• Use the platform to collect personal data from users.
Any breach or violation of the provisions contained in these terms may result in the suspension of the offending user's account, with or without notice and without the right to compensation.
11. REPORTING OPTION
If any user believes that any content, posting or behavior of another user on WingBud is in violation of these terms and conditions, the user may report it through the mechanisms available for this purpose on the platform.
Upon receipt of the report, WingBud undertakes to conduct an appropriate investigation to determine the veracity of the allegation. If after investigation it is determined that the reported content, posting or user behavior does indeed violate our terms and conditions, WingBud reserves the right to remove the content in question or terminate the offending user's account.
The decision on content removal or account termination will be made unilaterally by WingBud and will be communicated to the offending user, without entitling the offending user to any indemnification or compensation.
12. COPYRIGHT
All materials on WingBud, including, without limitation, names, logos, trademarks, games, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by WingBud or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on WingBud are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without WingBud prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize WingBud or any part of the material for any purpose other than its intended purposes is strictly prohibited.
13. COPYRIGHT INFRINGEMENT
WingBud will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). WingBud respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us
your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
• A statement that specifically identifies the location of the infringing material, in sufficient detail so that WingBud can find it on the platform.
• Your name, address, telephone number and email address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
• An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
14. TAXES
The user is fully responsible for declaring and paying their own taxes related to transactions or services obtained through the platform. WingBud is not responsible for the tax obligations or management of any user of the platform, nor for any penalties resulting from non-compliance.
15. PROHIBITED ACTIVITIES
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to WingBud or licensed to the WingBud by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited:
• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
• Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Establish a deep link to any part of the services for any purpose without our express written permission except for deep links that Wingmen can share anywhere to directly provide a link to their profile where people can view it and book them as Customers.
• "Frame", "mirror" or otherwise incorporate any part of the platform into any other websites or service without our prior written authorization.
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by WingBud.
• Circumvent, disable or otherwise interfere with security-related features of the platform or features that prevent or restrict use or copying of any content.
16. DISCLAIMER OF WARRANTIES
Because of the nature of the Internet WingBud provides and maintains the platform on an "as is", "as available" basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse WingBud for any loss or damage caused as a result.
WingBud shall not be liable for any amount for any failure to perform any obligation under this Agreement if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, system issues, security alerts, communications outages, fires, floods or any uncontrollable act of nature.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, WingBud excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to WingBud and WingBud shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
• Any incorrect or inaccurate information on the platform.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform.
• Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from WingBud.
• All representations, warranties, conditions and other terms which but for this notice would have effect.
17. ELECTRONIC COMMUNICATIONS
WingBud will not accept any responsibility for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for Internet accessibility or availability or traffic congestion or for any unauthorized human acts, including any errors or mistakes.
18. INDEMNIFICATION
You agree to defend and indemnify WingBud from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use of the WingBud platform.
19. CHANGES
We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect.
20. INTEGRATION CLAUSE
This agreement together with the privacy policy and any other legal notices published by WingBud, shall constitute the entire agreement between you and WingBud concerning and governs your use of the platform.
21. SEVERABILITY
If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.
22. FORCE MAJEURE
WingBud shall not be liable for any failure to perform due to causes beyond its reasonable control, including, without limitation, fortuitous events, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.
23. TERMINATION
Both the user and WingBud acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.
In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, WingBud reserves the right to unilaterally terminate the user's access to and use of the platform. WingBud may take this action without prior notice, and the User will automatically lose all rights to access and use the platform. Furthermore, WingBud shall not be liable for any loss of data or information associated with the user's account.
In case of non-compliance by WingBud: If WingBud fails to comply with its obligations under the agreed terms and conditions, the User shall be entitled to terminate the agreement and stop using the platform. The user shall notify WingBud in writing of the breach and allow a reasonable time for WingBud to remedy the situation. If WingBud does not remedy the breach within the set period, the user may proceed with the termination of the agreement.
Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.
Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.
24. DISPUTES
You agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or your use of the platform, shall be resolved by binding arbitration between you and WingBud.
In the event a dispute arises in connection with your use of the platform or breach of these terms and conditions, the dispute shall be resolved by binding arbitration with the American Arbitration Association ("AAA") under the Commercial Arbitration Rules of the AAA then in effect. Such arbitration shall take place in the state of (Wyoming).
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and our services.
The courts of the United States, specifically the courts located in the State of (Wyoming), shall have jurisdiction over any dispute, controversy or claim relating to WingBud and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of (Wyoming).
25. FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States. Use of the WingBud platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.
Any rights not expressly granted herein are reserved.
26. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us using the contact information below:
WingBud Enterprises
(WingBudEnterprises@gmail.com, +1 (307) 363-2338)