TERMS AND CONDITIONS
Last Updated: Sep 19, 2024
Agreement to our Terms of Service
Please read these Terms of Service ("Agreement") carefully before using the WingAI application (the "App") and accessing the website wingai.app (the "Website"), both owned and operated by Ignition Dating LLC ("Company," "we," "us," or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the App and Website. By using the App or accessing the Website, you agree to be bound by this Agreement.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
ACCEPTANCE OF TERMS
By using the App or accessing the Website, you agree to comply with and be legally bound by this Agreement and all applicable laws and regulations. If you do not agree with these terms, you must not use the App or access the Website. This Agreement applies to all users of the App and visitors of the Website, including users who are contributors of content, information, and other materials or services on the App or Website.
USE OF THE APP AND WEBSITE
The App and Website are intended for personal, non-commercial use only. You must be at least 18 years old to use the App and access the Website. By using the App or accessing the Website, you represent and warrant that you are at least 18 years old. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.
INTELLECTUAL PROPERTY RIGHTS
The App, Website, and all content and materials available on the App and Website, including but not limited to text, graphics, images, videos, software, and logos, are owned by or licensed to the Company and are protected by copyright, trademark, and other intellectual property laws. This Agreement does not transfer any ownership rights in the App, Website, or the content and materials provided on them. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the App and Website for personal, non-commercial purposes, in accordance with this Agreement. Except as expressly authorized by the Company, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products, or services obtained from the App or Website.
PROHIBITED CONDUCT
You agree not to engage in any of the following prohibited conduct:
- Use the App or access the Website for any unlawful purpose or in violation of any applicable laws or regulations;
- Use the App or access the Website to distribute, post, transmit, or otherwise make available any content that is harmful, threatening, abusive, harassing, defamatory, obscene, vulgar, invasive of another's privacy, or racially, ethnically, or otherwise objectionable;
- Use the App or access the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Use the App or access the Website to engage in any form of harassment or stalking;
- Use the App or access the Website to upload, transmit, or distribute any viruses, malware, or other malicious code;
- Use the App or access the Website to interfere with or disrupt the operation of the App, Website, or servers or networks connected to the App or Website;
- Engage in any activity that could disable, overburden, or impair the functioning of the App, Website, or the servers or networks connected to them;
- Attempt to gain unauthorized access to the App, Website, or any accounts, systems, or networks connected to the App or Website;
- Collect or store personal data about other users without their express consent;
- Interfere with the security features of the App or Website, including without limitation by circumventing or disabling any digital rights management, encryption, or security technology used on the App or Website;
- Modify, adapt, translate, or reverse engineer any portion of the App or Website;
- Use any automated system or software, including but not limited to "bots," "spiders," or "crawlers," to access or interact with the App or Website;
- Use the App or access the Website to engage in any form of unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, or other forms of solicitation;
- Use the App or access the Website to transmit or facilitate the transmission of any unsolicited or unauthorized bulk or commercial communications;
- Use the App or access the Website to infringe upon or violate the intellectual property rights or proprietary rights of others;
- Use the App or access the Website to engage in any activity that violates the privacy rights or publicity rights of others;
- Use the App or access the Website to engage in any activity that violates any applicable laws, regulations, or rules;
- Use the App or access the Website to disseminate or transmit any material that is unlawful, indecent, or obscene;
- Use the App or access the Website to disseminate or transmit any material that promotes violence or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; or
- Use the App or access the Website in any other manner that violates this Agreement or any applicable laws or regulations.
Communications
As part of the Services, you may receive communications through the Services, including messages that WingAI sends you (for example, via email, SMS, or WhatsApp). When signing up for SMS or WhatsApp communications, you will receive a welcome message and instructions on how to stop receiving messages. For clarity, you may opt out of receiving SMS communications at any time by texting “STOP” to the short code, or you may opt out of WhatsApp messages by replying “STOP” to any WhatsApp message you receive from us. After you send the message “STOP” to us, we will send you a confirmation message and you will no longer receive SMS or WhatsApp messages from us. If you want to join again, simply sign up as you did the first time and we will start sending messages to you again. If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can get help directly by contacting tyler@ignitiondating.com.
You may also opt out of receiving promotional emails by following the instructions in those emails or by contacting us at tyler@ignitiondating.com. If you opt out of promotional emails, we may still send you transactional or administrative emails, such as those about your account or ongoing business activities, including legal notices. With your consent, we may send promotional and other push notifications to your mobile device. You can turn off these notifications by adjusting the push notification settings on your device.
By signing up for the Services and providing us with your wireless number or WhatsApp account, you confirm and opt in to WingAI sending you communications that we believe may be of interest to you, including informational and marketing SMS or WhatsApp messages. These communications may be sent using automated dialing technology to the wireless number or WhatsApp account you provided. Carriers and WhatsApp are not liable for delayed or undelivered messages. You agree to receive these communications and represent and warrant that each person you register for the Services, or for whom you provide a wireless phone number or WhatsApp account, has consented to receive communications from WingAI.
You agree to indemnify and hold WingAI, Ignition Dating LLC, harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys' fees) arising from or related to your breach of the foregoing obligations.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, directors, officers, employees, agents, or licensors be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of the App or access to the Website, regardless of whether the Company has been advised of the possibility of such damages. Under no circumstances shall the Company be liable for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage incurred as a result of the use of any content made available through the App or Website. The limitations of liability set forth in this section shall apply to the fullest extent permitted by applicable law in your jurisdiction.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or in connection with your use of the App or access to the Website, your violation of this Agreement, or your violation of any rights of another party.
THIRD-PARTY WEBSITES AND CONTENT
The App and Website may contain links to third-party websites and may display third-party content. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
MODIFICATIONS TO THE AGREEMENT
The Company reserves the right to modify this Agreement at any time, effective upon posting the updated version on the App or Website. Your continued use of the App or access to the Website after any such modifications shall constitute your consent to such modifications. It is your responsibility to review this Agreement periodically for any changes.
DATA COLLECTION AND PRIVACY
We may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals. This data is collected to improve our products and services and facilitate software updates and support. For more information, please refer to our Privacy Policy at https://www.wingai.app/privacy-policy.
MOBILE APPLICATION LICENSE
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
CANCELLATION
All purchases are non-refundable. On Apple devices by visiting your iCloud subscription settings and opting out of subscription renewal. On Google devices by visiting your Google account subscription settings and opting out of subscription renewal. Please do so at least 24-hours prior to subscription renewal to ensure adequate time for Apple/Google to process your update. Your cancellation will take effect at the end of the current paid term.
USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that: The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms. Your Contributions are not false, inaccurate, or misleading. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. Your Contributions do not violate any applicable law, regulation, or rule. Your Contributions do not violate the privacy or publicity rights of any third party. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation. Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
TERMINATION
This Agreement is effective until terminated by you or the Company. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms. Upon termination, you must cease all use of the App and Website.
ENTIRE AGREEMENT
This Agreement, together with the Privacy Policy (available at https://www.wingai.app/privacy-policy), constitutes the entire agreement between you and the Company regarding the use of the App and access to the Website and supersedes all prior or contemporaneous understandings and agreements, whether oral or written.
CONTACT INFORMATION
If you have any questions or concerns about this Agreement or the App and Website, please contact us at
tyler@ignitiondating.com.IGNITION DATING LLC,
7901 4TH ST N #300, ST PETERSBURG FL 33702.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
- Monitor the App and Website for violations of this Agreement;
- Take appropriate legal action against anyone who, in our sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
- Terminate or suspend your access to all or part of the App or Website for any or no reason, including without limitation, any violation of this Agreement;
- Remove, edit, or disable any content or material that violates this Agreement or may be offensive, illegal, or violate the rights of any party; and
- Modify or discontinue the App or Website, temporarily or permanently, with or without notice to you.