Welcome to Wingman – a mobile device software application (“Wingman Software”) provided by Wingman Group Inc (collectively, “Wingman”).     Wingman and You (the User) acknowledge that this agreement is concluded between Wingman and You only, and not with Apple.  Wingman, not Apple, is solely responsible for Wingman software and the content thereof.

Users who access, download, use and/or subscribe to the Wingman services (‘You’ ‘User’) must do so under the Wingman Terms of Service and Privacy Policy on https://www.wingmanapp.com and by accessing, downloading, using and/or subscribing to the Wingman services You agree to such Terms of Service and Privacy Policy, which shall govern and control Your use of Wingman.

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Scope of License: The license granted to you for Wingman Software is limited to a non-transferable license to use Wingman Software on an IOS product that You own or control and as permitted by the usage rules set forth in the app store terms of service.

Maintenance and Support: Wingman is solely responsible for providing any maintenance and support services with respect to Wingman Software.  Wingman and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support software with respect to Wingman Software.

Warranty: Wingman is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.  In the event of any failure of Wingman Software to confirm to any applicable warranty You may notify Apple and Apple will refund the purchase price for Wingman Software to You, and to the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Wingman Software and any other claims losses, liabilities, damages costs or expenses attributable to any failure to conform to any warranty will be Wingman’s sole responsibility.

Product Claims: Wingman and You acknowledge that Wingman, not Apple, is responsible for addressing any claims of You or any third party relating to Wingman Software or your possession and/or use of Wingman Software, including but not limited to (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.   This agreement does not limit Wingman’s liability to you beyond what is permitted by applicable law.

Intellectual Property Rights:  Wingman and you acknowledge that, in the event of any third party claim, that Wingman Software or your possession and use of Wingman Software infringes that third party’s intellectual property rights.  Wingman, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance:  You (the User) represent and warrant that 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.

Developer Name and Address: Wingman contact information for any end-user questions, complaints or claims with respect to Wingman Software should be directed to contact@wingmanapp.com.

Third party beneficiary: Wingman and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement and that, upon your acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.

Consent to Use of Data: You agree that Wingman may collect and use technical data and related information, including but not limited to technical information about your usage of Wingman Software, that is gathered to improve the Wingman service and software.

You understand that by using Wingman, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Wingman at Your sole risk and that Wingman shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

Personal conduct: You agree to use Wingman in a correct manner.  You will not use Wingman to bully, harass, abuse or otherwise infringe or violate the rights of any other party in any way.  You are responsible for your own conduct and Wingman reserve the right to terminate your account.

I have read this agreement and agree to all of the provisions contained above and in the Wingman Terms of Service and Privacy Policy, available at https://www.wingmanapp.com.