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Terms

APP LICENCE TERMS AND CONDITIONS

PLEASE READ THESE APP TERMS OF USE CAREFULLY BEFORE DOWNLOADING AND INSTALLING THE APP.

THIS APP IS ONLY INTENDED FOR USE IN THE UNITED KINGDOM. IF YOU ARE NOT BASED IN THE UNITED KINGDOM, WE WILL NOT LICENCE THE APP AND ANY DOCUMENTS RELATING TO THE APP TO YOU AND YOU MUST DISCOUNTINUE THE app download and INSTALLATION PROCESS NOW.

BY DOWNLOADING AND INSTALLING THE APP AND CLICKING ON THE “ACCEPT” BUTTON, YOU AGREE TO THE TERMS OF THIS APP LICENCE WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THE TERMS OF THIS APP LICENCE, WE WILL NOT LICENCE THE APP AND ANY DOCUMENTS RELATING TO THE APP TO YOU AND YOU MUST DISCOUNTINUE THE DOWNLOAD AND INSTALLATION PROCESS NOW BY CLICKING THE “CANCEL” BUTTON. IN THIS CASE THE APP INSTALLATION PROCESS WILL TERMINATE.

YOU WARRANT AND REPRESENT TO US THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS.

WE DRAW YOUR ATTENTION IN PARTICULAR TO THE FOLLOWING SECTIONS OF THIS LICENCE:

  • FREE TRIAL VERSION OF THE APP CLAUSE 4.5;
  • PRIVACY SECTION SET OUT IN CLAUSE 13;
  • OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU SET OUT IN CLAUSE 16
  • THE LIMITATIONS ON THE USE OF THE APP SET OUT IN CLAUSE 16.5;
  • YOUR RIGHTS TO END THIS LICENCE SET OUT IN CLAUSE 18; AND
  • OUR RIGHTS TO END THIS LICENCE SET OUT IN CLAUSE 19.

You should print a copy of this Licence for future reference.

  1. WHO WE ARE AND WHAT THIS LICENCE IS
    1. We are Pozycjonowanie Stron Ltd (We, Us or Our). We are a private limited Company registered with Companies House with Company Number 11494838. Our registered office is Unit 2, Smithy Farm Chapel Lane, Bruera, Chester, England, CH3 6EW.
    2. This App licence agreement (the Licence) is a legal agreement between you (You or Your) and Us governing Your use of the “Wing” app (the App).
  2. OUR CONTRACT WITH YOU
    1. This Licence comes into existence when You [access the App via Our website], download the App from Our website https://wing.care/app, the IOS Apple Store, Google Play or any other appstore service (Appstore) and complete the download and installation process by clicking the “accept” button, agreeing to the terms and conditions set out in this Licence (Commencement Date).
    2. If You download the App onto any device not owned by You, You must have the owner’s permission to do so. You will be responsible for complying with the terms and conditions of this Licence, whether or not You own the device.
    3. You must be 18 or over to accept the terms and conditions of this Licence and install the App.
    4. The App is only intended for use in the United Kingdom.
  3. PROVIDING THE APP
    1. We will make the App available for use by You from the Commencement Date.
    2. The App may be accessed by mobile phone, computer desktop, web browser and any other platform We make available from time to time and is free of charge to download and install.
    3. We will supply the App to you until the seven (7) day free trial or Your subscription expires (as appropriate) or You end this Licence (as described in Clause 18) or We end this Licence by written notice to You (as described in Clause 19).
  4. FREE TRIAL VERSION OF THE APP
    1. The provisions of this Clause 4 apply during the seven (7) day free trial period, which shall commence on the Commencement Date (Free Trial Version Period).
    2. During the Free Trial Version Period You can use the App free of charge in accordance with the terms of this Clause 4.
    3. Subject to You complying with the restrictions and provisions set out in this Licence, We will, from the Commencement Date:
      1. grant to You a non-exclusive, non-transferable licence, solely for Your personal use, to access and use the App during the Free Trial Version Period and use the data generated by the App; and
      2. not charge You the subscription charges that would otherwise be due and payable for the use of the App for the duration of the Free Trial Version Period.
    4. During the Free Trial Version Period, We or You may bring this License to an end at any time. We may do this by notifying You of this in writing. You may do this by [contacting Us in writing using the contact details set out in Clause 17 [altering your account settings via Our website or on the App].
    5. If You or We do not bring the license to an end during the Free Trial Version Period, then upon expiry of the Free Trial Version Period (the Subscription Start Date), you will be granted a licence for the paid subscription version of the App in accordance with Clause 5, and you agree to pay the subscription fees in accordance with Clause 10 from the Subscription Start Date.
    6. Save as specifically set out in this Clause 4, all other provisions of this Licence shall apply (as applicable) in full force during the Free Trial Version Period.
  5. GRANT OF LICENSE
    1. From the Subscription Start Date, and in return for You agreeing to comply with the terms of this Licence:
      1. We grant You a limited, revocable, non-exclusive, non-transferrable and non-sub-licensable licence to use, view and display the App, the data generated by the App and any free updates or supplements to it made by Us from time to time to support Your permitted use of the App for Your personal use only;
      2. use the related online or electronic documentation relating to Your use of the App as may be made available by Us (Documentation);
      3. You may receive and use any free supplementary software code or update of the App incorporating 'patches' and corrections of errors as We may provide to You;
      4. You may download a copy of the App onto a reasonable number of mobile, tablet or handheld devices onto which the App can be downloaded [up to a maximum of ten (10) devices and view, use and display the App and the service on such devices for Your personal purposes only. In addition, You may share the App, and Your log in credentials with another parent of, and/or person with parental responsibility for, Your dependant in accordance with the rules set out in the relevant Appstore’s family sharing rules or policies [e.g. https://www.apple.com/uk/family-sharing/];
      5. provided You comply with the provisions of Clause 6, make any number of copies of the App and the Documentation for back-up purposes.
    2. We may at Our sole discretion update, modify, suspend or discontinue the App and/or services at any time, on notice to You.
    3. We may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
    4. If You choose not to install such updates or if You opt out of automatic updates You may not be able use all or parts of the App or services.
    5. We shall not provide any support for the use of the App under this Licence and nothing in this Licence shall be construed to require Us to provide support services or updates, upgrades, bug fixes or modifications to the App although We may do so at our sole discretion.
  6. LICENCE RESTRICTIONS
    1. You agree that You will:
      1. except in the course of permitted sharing (see Clause Error! Reference source not found.) not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from Us;
      2. not copy the App or Documentation, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
      3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Documentation nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in this Licence;
      4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by You during such activities:
        1. is not disclosed or communicated without Our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
        2. is not used to create any software that is substantially similar in its expression to the App;
        3. is kept secure; and
        4. is used only for the Permitted Objective;
      5. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
    2. Use of the App may require a certain type of mobile telephone or handheld device with a certain amount of memory and version of the operating system as We may notify You or publish on our website from time to time.
  7. ACCEPTABLE USE RESTRICTIONS
    1. You must:
      1. not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Licence, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, or any operating system;
      2. not infringe Our intellectual property rights or those of any third party in relation to Your use of the App (to the extent that such use is not licensed by this Licence);
      3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the App;
      4. not use the App in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users; and
      5. not collect or harvest any information or data from Our systems or attempt to decipher any transmissions to or from the servers running any service.
  8. ADDITIONAL TERMS FOR SPECIFIC SERVICES
    1. In addition, the services set out below will be governed by the following terms of use and privacy policies:

    9. Service

    Web address of terms of use

    Web address of privacy policy

    Wing application

    https://wing.care/terms-and-conditions  

    https://wing.care/privacy-policy

  9. OTHER TERMS MAY ALSO APPLY
    1. The ways in which You can use and pay for the App and Documentation may also be controlled by the rules and policies of the relevant Appstore from which you have downloaded the App. You are responsible for complying with those rules and policies.
    2. If there is an inconsistency between any of the provisions of this Licence and the Appstore rules and policies, the provisions of the Appstore rules and policies will prevail.
  10. SUBSCRIPTION FEES AND PAYMENT
    1. The App is free to download and install and is provided free of charge during the Free Trial Version Period.
    2. The subscription packages and prices We offer (which include VAT) will be the subscription packages and applicable fees indicated on the order pages when You place Your order on Our website or via an Appstore. You agree that by placing Your order, You will be responsible for paying the subscription fees from the Subscription Start Date.
    3. We may ask for details of Your chosen payment method when You sign up for an account and agree to the terms of this Licence. You agree that we may automatically collect payment of the subscription fees using these payment details at such intervals as You agree to during the order process.
    4. If You download the App from an Appstore, then the Appstore service provider may be responsible for collecting the subscription fees and You should ensure that You have read and understood the payment terms of the relevant App Store service provider.
    5. You may adjust Your subscription preferences from time to time by accessing Your account settings via Our website or the App.
    6. We may alter the subscription fees from time to time. If We alter the subscription fees and as a result, You no longer wish to use the App, You have the right to cancel this Licence by giving notice to us in accordance with Clause 18.
    7. It is always possible that, despite Our best efforts, the App or the subscription packages We sell may be incorrectly priced. We will normally check prices before accepting Your order so that, where the subscription package’s correct price at Your order date is less than Our stated price at Your order date, We will charge the lower amount. If the subscription package’s correct price at Your order date is higher than the price stated to You, We will contact You for Your instructions before We accept Your order.
  11. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

    We are giving You personally the right to use the App as set out above in Clause 5. Whilst You may have sharing rights as set out above, You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If You sell any device on which the App is installed, You must remove the App from it.

  12. CHANGES TO THIS LICENCE, THE APP AND CHANGES TO THE SERVICE
    1. We may need to change the terms and conditions of this Licence to reflect changes in law or best practice, to reflect changes in social media platform terms and conditions (e.g. Facebook, Instagram) which We are bound to comply with, or to deal with additional features which We introduce into the App from time to time. We will give You at least 30 days’ notice (where possible) of any change by way of App notification or when You next open and start the App.
    2. If You do not accept the notified changes You will not be permitted to continue to use the App and You may apply to the Appstore for a refund, which will reflect the period the App has been available to You prior to cancellation.
    3. From time to time We may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, We may ask You to update the App for these reasons.
    4. If You choose not to install such updates or if You opt out of automatic updates You may not be able to continue using the App.
  13. YOUR AND YOUR DEPENDANT’S PRIVACY
    1. Under data protection legislation, We are required to provide You and Your dependant with certain information about who We are, how We process Your personal data and the personal data of Your dependant (and for what purposes) and Your and Your dependant’s rights in relation to the personal data and how to exercise them. This information is provided in https://wing.care/privacy-policy and it is important that You read that information.
    2. In order to enable Us to comply with data protection legislation and protect Your and Your dependant’s personal data in relation to Your use of the App, You confirm to Us and agree that You:
      1. have explained the functionality of the App to the dependant, including the fact that their personal data will be used in the App;
      2. have showed the dependant the following minor friendly explanation as displayed at https://wing.care/kids-howto;
      3. are a person with parental responsibility for the dependant;
      4. obtained the consent of the dependant (which You also confirmed to Us during the order process) if the dependant is 13 years of age or above;
      5. as a person with parental responsibility of the dependant have provided consent on behalf of that dependant if the dependant is under 13 years of age; and
      6. will not use the App for any person/dependant for whom You do not have parental responsibility.
  14. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

    By using the App, You agree to us collecting and using technical information about the devices You use the App on and related software, hardware and peripherals to improve Our products land/or services.

  15. INTELLECTUAL PROPERTY RIGHTS

    All intellectual property rights in the App, the Documentation throughout the world belong to Us (or our licensors) and the rights in the App are licensed (not sold) to You. You have no intellectual property rights in, or to, the App or the Documentation other than the right to use them in accordance with this Licence.

  16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    1. We are responsible to You for foreseeable loss and damage caused by Us

      If We fail to comply with this Licence, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking this Licence or Our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time You accepted this Licence, both We and You knew it might happen.

    2. We do not exclude or limit in any way Our liability to You where it would be unlawful to do so

      This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

    3. When We are liable for damage to Your property

      If the App that We have supplied to You damages a device or digital content belonging to You, We will either repair the damage or pay You compensation. However, We will not be liable for damage that You could have avoided by following Our advice to apply an update offered to You free of charge or for damage that was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us.

    4. We are not liable for business losses

      The App is for domestic and private use only. If You use the App for any commercial, business or resale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    5. Limitations to the App and the services
      1. The App is provided for general information and entertainment purposes only.
      2. The App does not offer advice or information in relation to parenting, mental health or any other form of health on which You should rely. Any hints and tips offered are not based on any specific analysis of Your dependant and if You have any concerns about Your dependant, We would encourage You to obtain professional advice.
      3. Although We make reasonable efforts to update the information provided and the data generated by the App, You acknowledge and agree that the App relies solely on artificial intelligence (AI) machine learning as a means of interpreting language to display the emotion spectrum, and in order to detect potential ‘threats’ as part of the solution offered by the App. The AI machine learning is not, and cannot, be one hundred percent (100%) accurate as it is based on language interpretation and emotions, which are by their very nature subjective.
      4. We cannot guarantee that use of the App will detect any and/or all potential ‘threats’ to the dependant, particularly as the AI machine learning is not, and cannot, be one hundred percent (100%) for the reasons explained in Clause 5.3.
      5. Where the data generated by the App reports any activity of the dependant that is classified by the App software as a potential ‘threat���, We recommend that You consider obtaining professional or specialist advice if You deem such advice necessary on the basis of information obtained from the App.
      6. We make no representations, warranties or guarantees, whether express or implied, that the information, or any ‘threat’ detection, supplied by the App, is accurate, complete or up to date.
    6. Please back-up content and data used with the App

      We recommend that You back up any content and data used in connection with the App, to protect Yourself in case of problems with the App.

    7. Check that the App and the services are suitable for You

      The App have not been developed to meet Your individual requirements. Please check that the facilities and functions of the App (as described on the relevant Appstore site and in the Documentation) meet Your requirements.

    8. We are not responsible for events outside Our control

      If Our provision of support for the App is delayed by an event outside our control then We will contact You as soon as possible to let You know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event but if there is a risk of substantial delay You may contact Us to end Your contract with Us and receive a refund for any use of the App You have paid for but not received.

  17. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
    1. Support

      If You want to learn more about the App or have any problems using them please email Us at Pozycjonowanie Stron.com">[email protected]Pozycjonowanie Stron.com or visit Our website at https://wing.care/contact.

    2. Contacting Us (including with complaints)

      If You think the App is faulty or misdescribed or wish to contact Us for any other reason please email Us at Pozycjonowanie Stron.com">[email protected]Pozycjonowanie Stron.com.

    3. How We will communicate with You

      If We have to contact You we will do so [by email, via the App, or via Our website], using the contact details You have provided to Us.

  18. YOUR RIGHTS TO END THIS LICENCE
    1. The Licence starts on the Commencement Date and will continue until You cease to use the App, You end this Licence in accordance with the provisions of this Clause 18, We suspend or discontinue the App or until the Licence or Your account is terminated in accordance with Clause 19, whichever is the earliest.
    2. You can always end this Licence with Us
      1. If You wish to end this Licence, You can do so at any time [by contacting Us via Our website, by email or by cancelling your subscription package via the App relevant App Store process].
      2. By choosing to end this Licence after the Subscription Start Date, this Licence will not end until one (1) calendar month after the day on which We are notified (by email or App notification) that You want to end the Licence, and you can continue to use the App and access the data generated by the App until the end of that calendar month. We will only refund any advance payment of subscription fees you have made for the App which will not be provided to You. For example, if You tell Us You want to end the Licence on 4 February We will continue to allow you to use the App and the data generated by the App until 3 March, We will only charge you for supplying the App and the data generated by the App up to 3 March and will refund any sums you have paid in advance for the supply of the App after 3 March.
    3. Ending this Licence because of something We have done wrong or are going to do
      1. If You are ending this Licence for a reason set out at (a) to (e) below the Licence will end immediately and We will refund you in full for any period for which you have paid for use of the App but which has not been provided. The reasons are:
        1. We have told you about an upcoming change to the App or this Licence which You do not agree to;
        2. We have told You about an error in the price or description of the App You have ordered and You do not wish to proceed;
        3. there is a risk that supply of the App may be significantly delayed because of events outside our control;
        4. we have suspended supply of the App for technical reasons, or notify you we are going to suspend it for technical reasons, in each case for a period of more than seven (7); or
        5. You have a legal right to end this Licence because of something We have done wrong.
    4. Exercising your right to change your mind (Consumer Contracts Regulations 2013)

      For most products bought online You have a legal right to change Your mind within 14 days and receive a refund. There are some exceptions to this right to change your mind, under the Consumer Contracts Regulations 2013. See Clause 18.6 below.

    5. You have no right to change Your mind

      When you download and install the App, it will is delivered to You immediately. You agreed to this when ordering the App and consented that You agree that You will not have a right to change Your mind.

    6. Summary of Your legal rights

      We are under a legal duty to supply products that are in conformity with the terms and conditions of this Licence. See the box below for a summary of your key legal rights in relation to the App. Nothing in these terms will affect your legal rights.

      Summary of Your legal rights

      This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

      a) If Your product is digital content, for example a mobile phone app or a subscription to a music service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.

      b) If Your digital content is faulty, You are entitled to a repair or a replacement.

      c) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, You can get some or all of Your money back.

      d) If You can show the fault has damaged Your device and We haven’t used reasonable care and skill, You may be entitled to a repair or compensation.

  19. WHEN WE MAY END YOUR RIGHTS TO USE THE APP
    1. We may end this Licence at any time of providing You with one (1) calendar month’s written notice of Our intention to end this Licence. Where We cancel this Licence, the provisions of Clause 5 will apply, and We will refund You the subscription fees You may have paid for the App in advance (for the period You will be unable to use the App only) by the method you used for payment, and We may deduct from any refund an amount of subscription fees for You use of the App for the period for which it was supplied, ending with the time we stop providing the App to You.
    2. We may end Your rights to use the App at any time by contacting You if You have broken the terms and conditions of this Licence. If what You have done can be put right We will give You a reasonable opportunity to do so.
    3. We may also end Your rights to use the App immediately if:
      1. the dependant withdraws their consent to the processing of their personal data;
      2. We have no legal basis to process the personal data in relation to Your use of the App; and
      3. You do not make payment of the subscription fees to Us when they are due and You still do not make payment to Us within fourteen (14) days of Us reminding You that payment is due.
    4. We also have the right to stop providing the data generated by the App and/or your account which enables you to use the App. We will contact You to let You know if We will no longer by providing the data generated by the App or ending Your account access to the App as soon as reasonably possible via email, App notification when You open the App or via the relevant App Store process. In these circumstances, the App will remain installed on Your device(s) but You will no longer be able to log in to Your account, as Your subscription will have ended meaning Your account is automatically logged out.
    5. If We end Your rights to use the App:
      1. You must stop all activities authorised by this Licence, including Your use of the App, and we have the right to terminate Your account and automatically log you out of the App; and
      2. You must delete or remove the App from all devices in Your possession and immediately destroy all copies of the App which You have and confirm to Us that You have done this.
  20. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

    We may transfer Our rights and obligations under this Licence to another organisation. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under this Licence.

  21. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

    You may only transfer Your rights or Your obligations under this Licence to another person if We agree in writing.

  22. NO RIGHTS FOR THIRD PARTIES

    For the purposes of the Contracts (Rights of Third Parties) Act 1999, this Licence is not intended to and does not give any person who is not a party to it any right to enforce any of its provisions.

  23. IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

    Each of the Clauses of this Licence operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Clauses will remain in full force and effect.

  24. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

    Even if We delay in enforcing any of the terms of this Licence, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under this Licence, or if We delay in taking steps against You in respect of Your breaking the terms and conditions of this Licence, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.

  25. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

    This Licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with English law and You can bring legal proceedings in respect of this Licence in the English courts. If You live in Scotland, You can bring legal proceedings in respect of this Licence in either the Scottish or the English courts. If You live in Northern Ireland, You can bring legal proceedings in respect of this Licence in either the Northern Irish or the English courts.