Privacy Policy

Effective on: August 30, 2022

We take your privacy very seriously. Please read this privacy policy carefully
as it contains important information on who we are, how and why we collect,
store, use, and share your personal information. It also explains your rights
in relation to your personal information and how to contact us or supervisory
authorities in the event you have a complaint.

We collect, use and are responsible for certain personal information about
you. When we do so we are subject to various laws in the United States and the
General Data Protection Regulation which applies across the European Union
(including in the United Kingdom), and we are responsible as “controller” of
that personal information for the purposes of those laws.

Key Terms. It would be helpful to start by explaining some key
terms used in this policy:

We, us, our	Wingware Corporation
Our representative	Information Security Manager 5720 Lyndon B. Johnson Fwy. Suite 630, Dallas, Texas 75240 support@wing-ware.com
Personal information	Any information relating to an identified or identifiable individual
Fuels360	Means our system as accessed through www.fuels360.com or through our mobile app, F360 Tickets, found in the Apple Store or Google Play Store.

Personal Information We Collect About You. We may collect and use
the following personal information that identifies, relates to, describes,
is reasonably capable of being associated with, or could reasonably be
linked, directly or indirectly, with a particular consumer or household:

Categories of Personal Information	Specific Types of Personal Information Collected
Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers)	Name, email address, face photo
Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to:	Signature, telephone number, employer, geolocation, records of data entry, time when work was performed
Characteristics of protected classifications under California or federal law.	Color, sex, age, religion, national origin, disability, citizenship status, and genetic information of maintenance workers
Internet or other electronic network activity information: (e.g.,	use history, search history, and information regarding a consumer’s interaction with an www.jetfuelqc.com, interaction with the application Fuels360.
Geolocation data	Latitude and Longitude
Audio, electronic, visual, thermal, olfactory, or similar information	Visual data collected by a handheld device when certain functions are performed by a user
Professional or employment-related information	Date of user activation, date of user deactivation, task performance trends, training, safety performance, performance, behavior, movement through geolocation when logged into Fuels360.

This personal information is required to allow you to use Fuels360. If
you do not provide personal information we ask for, it may delay or
prevent us from Fuels360 to you.

How Your Personal Information is Collected. We collect most of this
personal information directly from you when you log in and create a
profile, or if your information is provided to us by your employer or
other third party, we may enter some of the information into Fuels360 to
allow you to use Fuels360. We also collect some of this information when
you use Fuels360. However, we may also collect information:
- From cookies on our website; and
- Via our IT systems, including:
  - Automated monitoring of our websites and other technical systems,
    such as our computer networks and connections,
    access control systems, communications systems,
    email and instant messaging systems.

How and Why We Use Your Personal Information. Under data protection
law, we can only use your personal information if we have a proper reason
for doing so, e.g.,:

To comply with our legal and regulatory obligations;
For the performance of our contract with you or to take steps at your
request before entering into a contract;
For our legitimate interests or those of a third party; or
Where you have given consent.

A legitimate interest is when we have a business or commercial reason to
use your information, so long as this is not overridden by your own rights
and interests.

The table below explains what we use (process) your personal information
for and our reasons for doing so:

What we use your personal information for	Our reasons
To provide access to Fuels360 to you and enable you to use Fuels360.	For the performance of our contract with you or a third party or to take steps before entering into a contract
Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies	To comply with our legal and regulatory obligations
Ensuring business policies and contracts are adhered to, e.g. policies covering security and internet use; number of users allowed in the system	For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you and to ensure that the contract is under compliance
Operational reasons, such as improving efficiency, training and quality control	For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price
Ensuring the confidentiality of commercially sensitive information	For our legitimate interests or those of a third party, i.e. to protect trade secrets and other commercially valuable information To comply with our legal and regulatory obligations
Statistical analysis to help us manage our business, e.g. in relation to our financial performance, customer base, product range, product functionality, user safety and performance, user trends, or other efficiency measures	For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price
Preventing unauthorized access and modifications to systems	For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for you To comply with our legal and regulatory obligations
Updating and enhancing customer records, making data accessible to customers, providing an efficient and cutting-edge product in the industry	For the performance of our contract with you or a third party or to take steps before entering into a contract To comply with our legal and regulatory obligations For our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our customers about existing orders and new products
Statutory returns	To comply with our legal and regulatory obligations, which may include response to a subpoena or other legal documentation
Record working practices, staff administration and performance	To collect data that assists our customer with the review of their staff performance and safety issues, to assist our customer with staff administration, such as tasks performed, time per task, tasks completed, timeliness, speed per task, completion of tasks, and general performance measured with the data recorded by you in Fuels360. For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you
External audits and quality checks, e.g. for ISO or other accreditation or audit of our accounts	For our legitimate interests or a those of a third party, i.e. to maintain our accreditations so we can demonstrate we operate at the highest standards To comply with our legal and regulatory obligations

The above table does not apply to special category personal information,
which we will only process with your explicit consent.

Promotional Communications. We may use your personal information to
send you updates (by email, text message, telephone or post) about
Fuels360, including updates to Fuels360.
We have a legitimate interest in processing your personal information for
promotional purposes (see above “How and why we use your personal
information”). This means we do not usually need your consent to send you
promotional communications. However, where consent is needed, we will ask
for this consent separately and clearly.
We will always treat your personal information with the utmost respect and
never sell OR share it with other organizations for marketing purposes.
You have the right to opt out of receiving promotional communications at
any time by:
- Contacting us at support@wing-ware.com; or
- Using the “unsubscribe” link in emails or “STOP” number in texts;
We may ask you to confirm or update your marketing preferences if you
instruct us to provide further services in the future, or if there are
changes in the law, regulation, or the structure of our business.
Who We Share Your Personal Information With. We routinely share
personal information with:
- Our affiliates, including companies related to Wingware Corporation;
- Our customer or potential customer;
- Service providers we use to help deliver Fuels360 to you, such as
  payment service providers, cloud providers, third party websites that
  interact with Fuels360;
- Other third parties we use to help us run our business, such as
  website hosts;
- Our professional advisors, on a need-to-know basis when they provide a
  service to us;
We only allow our service providers to handle your personal information if
we are satisfied they take appropriate measures to protect your personal
information. We also impose contractual obligations on service providers
relating to ensure they can only use your personal information to provide
services to us and to you. We may also share personal information with
external auditors, e.g. in relation to ISO accreditation and the audit of
our accounts.
We may disclose and exchange information with law enforcement agencies and
regulatory bodies to comply with our legal and regulatory obligations.
We may also need to share some personal information with other parties,
such as potential buyers of some or all of our business or during a
re-structuring. We will typically anonymize information, but this may not
always be possible. The recipient of the information will be bound by
confidentiality obligations.
We will not share your personal information with any other third party.
Where Your Personal Information is Held. Information may be held at
our offices and agents as described above (see above: “Who We Share Your
Personal Information With”).
Some of these third parties may be based outside the European Economic
Area. For more information, including on how we safeguard your personal
information when this occurs, see below: “Transferring Your Personal
Information Out of the EEA”.
How Long Your Personal Information Will Be Kept. We will keep your
personal information while you have an account with us and/or while we are
providing access to JetFuelQC to you or the customer. Thereafter, we will
keep your personal information for as long as is necessary:
- To respond to any questions, complaints or claims made by you or the
  customer or on your behalf or the customer’s;
- To show that we treated you fairly; or
- As stated in the contract with the customer;
- To keep records required by law.
We will not retain your personal information for longer than necessary for
the purposes set out in this policy. Different retention periods apply for
different types of personal information.
- Category 1: Identifiers, Information capable of being associated with
  a particular individual, characteristics of protected classifications,
  and some professional or employment-related information.
- Category 2: Internet activity information, geolocation data, audio,
  electronic, visual, thermal, olfactory, or similar information, and
  some professional or employment-related information related directly
  to maintenance.
Category 1 information will be retained as long as necessary during the
employment of the individual, and after employment as long as is required
under local employment law regulations. Category 2 information will be
retained as long as necessary and required under Federal Aviation Agency,
or similar regulatory body or regulations.
When it is no longer necessary to retain your personal information, we
will delete or anonymize it.
Transferring Your Personal Information Out of the EEA. To deliver
services to you, it is sometimes necessary for us to share your personal
information outside the European Economic Area (EEA), e.g.:
- With our offices outside the EEA;
- With your employer and our service providers located outside the EEA;
- If you are based outside the EEA; or
- Where there is an international dimension to the services we are
  providing to you.
These transfers are subject to special rules under European and UK data
protection law.
The following countries to which we may transfer personal information have
been assessed by the European Commission as providing an adequate level of
protection for personal information: Andorra, Argentina, Canada, Faroe
Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand,
Republic of Korea, Switzerland, The United Kingdom, and Uruguay.
Non-EEA countries do not have the same data protection laws as the United
Kingdom and EEA. We will, however, ensure the transfer complies with data
protection law and all personal information will be secure. Our standard
practice is to use standard data protection contract clauses that have
been approved by the European Commission. To obtain a copy of those
clauses you can contact us.
If you would like further information, please see “How To Contact Us”
below.

Your Rights Under the GDPR.

Right to Access	The right to be provided with a copy of your personal information (the right of access)
Right to Rectification	The right to require us to correct any mistakes in your personal information
Right to be Forgotten	The right to require us to delete your personal information—in certain situations
Right to Restriction of Processing	The right to require us to restrict processing of your personal information—in certain circumstances, e.g. if you contest the accuracy of the data
Right to Object	The right to object: at any time to your personal information being processed for direct marketing (including profiling); in certain other situations to our continued processing of your personal information, e.g. processing carried out for the purpose of our legitimate interests.
Right Not to be Subject to Automated Individual Decision-Making	The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

For further information on each of those rights, including the
circumstances in which they apply, see the guidance from the UK
Information Commissioner’s Office (ICO) on individual rights under the
General Data Protection Regulation.

Keeping Your Personal Information Secure. We have appropriate
security measures in place to prevent personal information from being
accidentally lost or used or accessed in an unauthorized way. We limit
access to your personal information to those who have a genuine business
need to access it. Those processing your information will do so only in an
authorized manner and are subject to a duty of confidentiality. We also
have procedures in place to deal with any suspected data security breach.
We will notify you and any applicable regulator of a suspected data
security breach where we are legally required to do so.
How to Exercise Your Rights. If you would like to exercise any of
your rights as described in this Privacy Policy, please:
We are not obligated to make a data access or data portability disclosure
if we cannot verify that the person making the request is the person about
whom we collected information, or is someone authorized to act on such
person’s behalf.
Any personal information we collect from you to verify your identity in
connection with you request will be used solely for the purposes of
verification.
Because you cannot use Fuels360 without providing a minimum amount of
Personal Information, if you ask us to erase or remove certain of your
Personal Information, you may be discontinued by your employer or other
third party who asked you to access Fuels360 and your access and use
license may be terminated.
How to File a GDPR Complaint. We hope that we can resolve any query
or concern you raise about our use of your information.
The General Data Protection Regulation also gives you right to lodge a
complaint with a supervisory authority, in the European Union (or European
Economic Area) state where you work, normally live, or where any alleged
infringement of data protection laws occurred.
Changes to This Privacy Notice.
We reserve the right to modify and update this Privacy Policy at any time
at our sole discretion. We will provide all users with notification of any
material revisions at least thirty (30) days in advance of their effective
date (other than with respect to changes that must be made sooner than
that to comply with applicable law). Notification will be provided via
email either through the account associated with user’s use of the Service
or to the personal email address associated with the user’s account.
Except as otherwise provided by the us, updates will be effective upon the
date indicated at the top of this Privacy Policy. The updated version of
the Privacy Policy will supersede all prior versions. Note that our
failure to enforce this policy in any instance and for whatever reason
shall not be construed as a waiver of our right to do so at any other
time.
How to Contact Us. Please contact us and/or by post, email or
telephone if you have any questions about this privacy policy or the
information we hold about you.
Our contact details are shown below:
- Information Security Manager
- 5720 Lyndon B. Johnson Fwy. Suite 630
- Dallas, Texas 75240
- support@wing-ware.com
- Tel. 214-807-0777
Do You Need Extra Help? If you would like this notice in another format
(for example: audio, large print, braille) please contact us (see “How to
contact us” above).

END USER LICENSE AGREEMENT

PLEASE READ THIS END USER LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE FUELS360 SERVICE (“APPLICATION”) ACCOMPANYING THIS LICENSE. BY DOWNLOADING OR USING THE APPLICATION, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD OR USE THE APPLICATION.

You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract.

1. General

The Application is licensed, not sold, to You by Wingware Corporation (the “Company”) for use strictly in accordance with the terms and conditions of this License, and any “usage rules” which may be established from time to time (“Usage Rules”), which are incorporated herein by this reference. The term “Application” shall refer to Fuels360 accessed via
www.fuels360.com
or by download of the F360 Tickets app from the Apple Store or Google Play Store.

2. License Grant and Restrictions on Use

2.1 License Grant.
Company grants You a revocable, non-exclusive, non-transferable, limited right to download, install, access, and use the Application through
www.fuels360.com
and/or on a single Mobile Device, and to access and use the Application strictly in accordance with the terms and conditions of this License, the Usage Rules and any service agreement associated with your Mobile Device (collectively “Related Agreements”).

2.2 Restrictions on Use.
You shall use the Application strictly in accordance with the terms of the Related Agreements and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright, patent, or trademark) of Company or its affiliates, partners, suppliers or the licensors of the Application; (e) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) distribute the Application to multiple Mobile Devices to any non-Licensed users; (g) make the Application available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time; (h) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Company; (i) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; or (j) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application. You may not share your log-in and password with anyone.

3. Intellectual Property Rights

3.1 Rights to Application.
You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Company. Furthermore, you acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Company and its affiliates, licensors and suppliers. Except as expressly stated in this License, you are not granted or assigned any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Company.

3.2 Third Party Software.
The Application may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of the relevant Third Party Software. In no event, shall the Application or components thereof be deemed to be “open source” or “publically available” software.

3.3 Company’s Marks.
You are not authorized to use the Company trademarks.

4. Restriction on Transfer

You may not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.

5. Use of Information

5.1 Consent to Use Information.
You hereby authorize and consent to the collection, storage and use, by Company and its affiliates, partners and agents, of any information and data related to or derived from your use of the Application, and any information or data that you provide to Company and its affiliates, partners and licensors (“Information”) and the data collected as explained in the Company Privacy Policy at
www.fuels360.com/privacypolicy.
Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data: search requests, search results, patterns, data and suggestions based on user actions, and the data collected as explained in the Company Privacy Policy at
www.fuels360.com/privacypolicy.
We are free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Information.

5.2 Privacy Policy.
You represent that You shall comply with the terms and conditions of the Company Privacy Policy found at
www.fuels360.com/privacypolicy.

6. Termination

Company may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. Upon the termination of this License, You shall cease all use of the Application and uninstall the Application.

7. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPANY HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION.

8. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Miscellaneous

12.1 Governing Law.
This License shall be deemed to take place in the State of Texas and shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law principles. Any disputes arising from this License shall be adjudicated in the courts of the City of Dallas. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

12.2 Severability.
If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.

12.3 Waiver.
Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

12.5 Modification or Amendment.
The Company reserves the right to modify and update this license at any time in its sole discretion. It will provide all users with notification of any such material revisions at least thirty (30) days in advance of their effective date (other than with respect to changes that must be made sooner than that to comply with applicable law). Notification will be provided via email either through the account associated with user’s use of the Service or to the personal email address associated with the user’s account. Except as otherwise provided by the Company, updates will be effective upon the date indicated at the top of this license. The updated version of the license will supersede all prior versions. Note that the Company’s failure to enforce this policy in any instance and for whatever reason shall not be construed as a waiver of its right to do so at any other time.

ACCEPTABLE USE POLICY

Last Updated: August 30, 2022

Wingware Corporation (“Company,” “we,” or “us”) maintains Fuels360 (the “Service”), which can be found at
www.fuels360.com
or by download of the F360 Tickets app in the Apple Store or Google Play Store.

You must first read and accept this AUP before accessing and using the Service. By clicking accept, below, you agree to adhere to and be bound by the terms hereof in all respects.

Acceptable Use

You must use the Service solely in connection with your tasks assigned either as a: customer of Company, mechanic, manager, field inspector, or field auditor, as the case may be, and as your duties are assigned by the legal entity that subscribed and is paying for use and access to the Service.

Such use and access include trouble shooting tasks. If in the process of use and access to the Service, you take any pictures of the Service displays on your computer or other device, or if you take notes of the layouts of the displays or other functionality, you agree that such pictures and notes are the property of Company. Upon termination of your license to access and use the Service, you must return to Company any copies of such pictures and notes, or certify that you have destroyed them. Under no circumstances may you keep those pictures and notes or share them with anyone.

Prohibitions on Use

The Service may only be used for lawful purposes. Additionally, you are prohibited from using the Service as follows:

In any manner that violates any federal, state, international, or local law or regulation;
In a manner that materially interferes with our activities or overall business or harms any of our customers, employees, affiliates, agents, officers, or directors;
To threaten, bypass, or destroy any security mechanism used with or incorporated in or the Service;
To disparage, denigrate, insult, or otherwise make pejorative statements about the Company and/or any of its affiliates, directors, officers, employees, partners, brand, products, or service;
To transmit any content or information that is offensive, lewd, pornographic, defamatory, libelous, harassing, tortious, abusive, illegal, prejudice, discriminatory, or otherwise inappropriate or objectionable;
To transmit any marketing, advertising or promotional materials, including without limitation any “spam,” “junk mail,” or other deceptive or unsolicited bulk or commercial email;
To harm, or attempt to harm, minors in any way;
To modify, sub-license, adapt, translate, reverse engineer, sell, disassemble, or decompile any portion of the Service functionality;
To impersonate the Company (including any Company officer or employee), any user of the Service, or any other person or entity;
To transmit any content, data, or material that infringes the intellectual property rights or other personal rights (including privacy) of any third parties;
To use the Service in connection with unsolicited, unwanted, or harassing communications, including without limitation, SMS messages, phone calls, voice mail, chat, video, or email;
To transmit any content, data, or material that contains viruses, spyware, spiders, robots, worms, Trojan horses, logic bombs, or any other type of malicious or deleterious programs;
To use the Service to collect information about other users, including phone numbers or email addresses, without any such individual’s prior explicit consent or otherwise under false pretenses of any kind;
In any manner that violates any other applicable policy maintained by the Company, including without limitation the Company’s Privacy Policy, Terms of Use or other policies established by the Company from time to time.
To use the Service to record or monitor a phone call or other communication without first obtaining express consent from the participants per applicable law (such as California’s Invasion of Privacy Act);
In any manner that can reasonably be considered contrary to the Company’s goodwill, public image, and overall reputation;
To express or imply that any user’s statements, activities, or causes are endorsed by the Company;
To collect, or attempt to collect, personal information about users or other third parties without their prior knowledge and affirmative consent;
To divulge any of the Company’s (or any affiliate’s) proprietary information;
In any manner that promotes any illegal activity; or
To knowingly receive, use, re-use, upload or download any material which:
- Contains material that may reasonably be considered obscene, defamatory, offensive, abusive, hateful, inflammatory, harassing, violent, or otherwise objectionable;
- Promotes pornographic or other sexually explicit material, discrimination, or violence, based on race, religion, nationality, sex, gender, disability, age, or sexual orientation;
- Is likely to deceive any person acting reasonably under the circumstances;
- Impersonates any person; or
- Involves commercial activities or sales.

Export Controls

You may not use or otherwise export or re-export the Service except as authorized by United States law and the laws of the jurisdiction(s) in which the Service was obtained. You represent and warrant that You are not (a) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also agree that You will not use the Application for any purposes prohibited by United States law.

Monitoring and Enforcement

We maintain the right to monitor the System usage by any means we deem appropriate at any time in our sole discretion and delete any material we deem illegal, inappropriate, or violative of any Company or applicable third-party policy. If the Company discovers a violation, it will take whatever action it deems reasonably necessary or appropriate to address such behavior. This may include disclosing the user’s personal information to a third party claiming that such user violated his or her rights (such as his or her intellectual property or privacy rights) or to the employer or principal of a user, to the Customer of a user or as we may be legally or contractually required, or as we may deem legally or contractually necessary. It may also include taking legal action (including making a referral to law enforcement), as well as immediately suspending or terminating the user’s access to the Service. YOU HEREBY WAIVE AND HOLD HARMLESS COMPANY, ALONG WITH COMPANY’S EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY AND ALL CLAIMS RESULTING FROM, OR ARISING DIRECTLY OR INDIRECTLY OUT OF, ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES IN CONNECTION WITH INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Modifications and Updates to this AUP

The Company reserves the right to modify and update this AUP at any time in its sole discretion. It will provide all users with notification of any such material revisions at least thirty (30) days in advance of their effective date (other than with respect to changes that must be made sooner than that to comply with applicable law). Notification will be provided via email either through the account associated with user’s use of the Service or to the personal email address associated with the user’s account. Except as otherwise provided by the Company, updates will be effective upon the date indicated at the top of this AUP. The updated version of the AUP will supersede all prior versions. Note that the Company‘s failure to enforce this policy in any instance and for whatever reason shall not be construed as a waiver of its right to do so at any other time.

Account Security

Each user is responsible for any misuse of his or her account, even if the inappropriate activity was actually committed by someone other than the account holder (i.e., his or her family member or friend, for example). Therefore, each user must take all reasonable steps to protect his or her account from unauthorized access. In addition, no user may access his or her account to breach the security of any other user’s account or attempt to gain unauthorized access to another server or network. As such, each user must ensure the security of his or her password at all times, including without limitation, by not sharing it with others for any reason. Additionally, passwords should be hard to guess and changed on a regular basis.

Reporting Violators

The Company requests that any user who believes that a violation of this AUP or any other Company policy has taken place should report the alleged violation to the Company promptly. Such report shall be sent to
legal@wingware.com.
The following information should be included:

Name of alleged violator(s);
Date and time (including time zone) of the alleged violation(s);
The IP address(es) used to commit the alleged violation(s);
Description of alleged violation(s);
Evidence of the alleged violation(s) (including screenshots and videos); and
The reporter’s involvement, if any, in the violation (and how the violation was discovered in the first instance)

The identity of those who report known or suspected violations will be maintained by the Company with the utmost secrecy at all times.

If you have any questions regarding this policy, please contact us at

Information Security Manager
Wingware LLC
5720 LBJ Freeway
Suite 630
Dallas, Texas 75240