This document (the "Agreement") sets forth the terms and conditions that govern your use of the app or services offered by or through Wingscore. Your use of any of our services will constitute acceptance of this Agreement and will have the same legal effect as if you were providing a handwritten signature of acceptance.
PLEASE READ CAREFULLY BEFORE USING WINGSCORE. YOUR USE OF THE SERVICE OR ANY SERVICES PROVIDED THROUGH WINGSCORE IS SUBJECT TO THESE TERMS. YOU AGREE TO BE BOUND BY THE TERMS PRESENTED BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE WINGSCORE IN ANY WAY OR FOR ANY PURPOSE WHATSOEVER.
This Terms sets out the legal terms between you (either an individual or legal entity) and Minima Software LLC (“Administration” or “we” or “us” or "Wingscore").
These Terms are accepted by you when you actually use Wingscore. You may print a copy of these Terms for your records and we highly recommend you do so. These Terms remain effective from the date of acceptance until terminated by you or Administration in accordance with this Terms.
You cannot accept these Terms if: (a) you are not lawfully entitled to use the Service under any applicable laws in the country in which you are located or resident; or (b) if you are not of legal age to form a binding agreement with Administration. By accepting these terms you acknowledge and agree that you have reached the age to enter into such binding agreement in the country in which you are located or resident or that you have your parent or legal guardian’s permission if required by applicable law. It is your responsibility to ensure that you are legally allowed to enter into this Agreement and that you do not violate any applicable laws.
In some countries there exist legal and/or other restrictions on usage of Wingscore and/or downloading, installing and/or using of products, portions of products, software which are or might be available through the Service. It is your responsibility to ensure that you comply with all applicable legal restrictions in your jurisdiction.
NOTICE: You do agree to follow the Children's Online Privacy Protection Act of 1998.
Wingscore provides a free trial period during which you can use all features of the service for a limited period of time. You can manage or cancel the trial subscription through your App Store account.
Right to Refuse Service
Wingscore reserves the right to refuse service to anyone, anywhere, anytime, for any reason. Such as, but not limited to: using the app for unintended purposes, unreasonable data usage, using an unreasonable amount of resources, or abuse of the terms, as defined solely by Wingscore at our discretion.
Payment & Refunds
Wingscore's services are provided through the Apple App Store on a paid subscription basis. Wingscore's rates for services are listed in the App and on the App Store. Wingscore reserves the right to modify its rates at any time and/or to offer special promotions. Wingscore can not issue refunds for services; Apple reserves this ability for themselves only. Wingscore does not send invoices to its customers (since we do not bill you); Apple reserves this ability for themselves only. You have confidential access to your account balance information through the App Store. If you have a billing dispute, you must contact the App Store to seek a remedy.
New Features and Modifications to Terms of Service
We may from time to time introduce new features to the service or modify or delete existing features. We will post any new or modified features when they become available, as well as any new or modified terms of this Agreement. Any new or modified terms will become effective for your use of the service upon the earlier of (i) your use of a new or modified feature to which the new or modified term relates or (ii) the date of your next App Store bill payment.
You may discontinue service at any time by contacting the App Store. You will not be entitled to any refund of unused balances if you discontinue service. Additionally, you will remain responsible for payment of all charges for services rendered up through the date you discontinue service.
Wingscore may include links or references to other web sites or services (“Third Party Sites”) solely as a convenience to Users. We do not endorse any such Third Party Sites or the information, materials, products, or services contained on or accessible through Third Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Mobile Application are solely between you and such advertiser. Access and use of Third Party Sites, including the information, materials, products, and services on or available through Third Party Sites are solely at your own risk
We do not warrant or make any representations regarding the use of the results of the use of the app, the products, or any third party sites in terms of correctness, accuracy, reliability, or otherwise.
We grant to the end User a limited, non-sublicensable, non-exclusive and revocable license to access and make use of the Wingscore, the Mobile applications and the Materials solely in accordance with, and subject to, these Terms and any other of our policies as said in Wingscore.
Except as otherwise expressly permitted by these Terms, you may not: collect, use, copy or distribute any portion of Wingscore or the Materials; resell, publicly perform or publicly display any portion of the Materials; modify or otherwise make any derivative uses of any portion of Wingscore, the Mobile applications or the Materials; use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of Wingscore; use Wingscore in a manner which results in the depletion of Web site infrastructural resources; download (other than page caching) any portion of Wingscore, the Materials or any information contained therein or use Wingscore or the Materials other than for their intended purposes.
Notices and Claims
Administration may give notice of a claim of copyright infringement to our users by means of a general notice on the Services, electronic mail to a user's email address in our records, or by written communication sent by mail. In accordance with the applicable law, Administration has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of Administration, account holders who are deemed to be repeat infringers. Administration may also at its sole discretion limit access to the Services of Wingscore and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Services infringes upon any copyright which you own or control, you may send a notification of such infringement to: [email protected]
Terminations of Terms
Without limiting other remedies, Wingscore may suspend or terminate this Agreement with you, or may terminate or suspend your use of the Services at any time if: (a) you are in default of these Terms; (b) you are engaged in illegal actions, or infringe proprietary rights, rights of privacy, or intellectual property rights of any person, or any third party rights, or otherwise create risk or possible legal exposure for us; (c) required by applicable laws/regulations and within the time limits as required by such laws/regulations; (d) you are using Wingscore as not originally intended; (e) you are abusing or otherwise causing extreme usage of Wingscore services or resources, determined at our sole discretion; (f) we decide to cease offering the Services generally.
Upon termination of this Terms: (a) all licenses and rights to use the Services shall immediately terminate; (b) you will immediately cease any and all use of the Services. Any suspension or termination of this Terms will not affect your obligations to Administration under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality), which reasonably are intended to survive such suspension or termination. We reserve the right to change or modify any provisions of these Terms or guidelines governing your use of the Services, at any time in our sole discretion and without liability to users. Any such changes or modifications will be effective immediately upon posting of revisions on Wingscore. Your continued use of the Services following the posting of such changes or modifications constitutes your acceptance of the Terms. Therefore, you should frequently review these Terms or guidelines of Wingscore in order to understand the terms and conditions applicable to your use of the Services. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines, your sole recourse is to stop using the Services.
EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
NO WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICES PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; ADMINISTRATION DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. Administration FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES ADMINISTRATION WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.
NO LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT ADMINISTRATION SHALL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO ADMINISTRATION, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES PROVIDED TO YOU THROUGH WINGSCORE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SERVICES IS TO IMMEDIATELY CEASE USE OF SERVICES. THE TOTAL LIABILITY OF WINGSCORE ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE TO COMPANY PURSUANT TO THIS AGREEMENT DURING THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.
FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER ADMINISTRATION NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SERVICES shall be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Administration, for (a) any indirect, special, incidental or consequential damages; or (b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or (c) any damage to or corruption of data (whether direct or indirect).
If any third party brings a claim against Administration in connection with, or arising out of: breach of these Terms; breach of any applicable law or regulation; your infringement or violation of the rights of any third parties (including intellectual property rights), you will indemnify and hold Administration harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
Confidentiality and Security
These Terms constitute relationship between you and Administration with respect to your use of the Services. If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.
The failure by Administration to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Administration’s right or remedy.
We may make changes to these Terms from time to time and we will publish the changes on the App Store. The changes will be effective when published. Please review the Terms on a regular basis. You acknowledge and agree that your express acceptance of the Terms or your use of the Services after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate this Terms in accordance with the set forth below.
If we are unable to provide the Services as a result of force majeure, we will not be in breach of any of its obligations towards you under these Terms.
These Terms shall be governed by and interpreted in accordance with the laws of State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the U.S. federal courts and state courts located in Santa Clara, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. However, we reserve the right to seek injunction relief in any jurisdiction when we deem it necessary.
This Terms were drafted in English (US). We may provide you with a translation of the English language version of these Terms. In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall prevail.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND ALL RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FOR WINGSCORE. BY CONTINUING TO USE THE SERVICES YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS YOU GRANT TO ADMINISTRATION THE RIGHTS SET FORTH HEREIN.