Wingman Licence Agreement

1. Acceptance
By clicking the "I accept the license agreement" (or similar) button when signing up for a new Wingman account, you accept and agree to these terms and conditions.  If you are accepting this agreement on behalf of a company or other legal entity, the terms "you" or "your" in this agreement shall refer to such entity.

2. Service
This agreement is for access to Wingman ("the application"), an online aircraft scheduling application licensed by Skymark Technologies Inc. ("Skymark").  The application is available via the internet using any standard browser software.  There is a free 30-day trial version of the application available, so it can be evaluated to see if it fulfills your needs before signing up for a paid account.

3. Licence
Skymark grants you a limited, revocable, non-exclusive, non-transferable, worldwide licence to access and use the application.   You may not download (other then the standard web pages), resell, copy, decompile or otherwise use the application.  All copyrights for the application, images, logos, URL's, and the name "Wingman" belong to Skymark.

4. Privacy
Skymark respects privacy and will not disclose any information to any third-party without prior consent. This includes, but is not limited to, reservation, aircraft, schedule and user information entered into the application. As well, all private business information (such as email addresses, names, address and phone numbers) will not be disclosed.  Skymark has the right to access any of your account information, including, but not limited to, aircraft, reservations and users, at any time for testing and support.  Credit Card information will be retained in a secure PCI compliant system for monthly billing purposes only.  When opening a full, paying account, you agree that Skymark can disclose that you are a paying customer. There is also a separate Privacy Policy page that has more details on our privacy procedures.

5. Fees and payment
For continued use of the application you will be charged a monthly fee. You agree to pay the monthly system fee, on-time, by credit card at that begininng of the month.  The fee charged is based on the current number of active aircraft in the system for your account.  Invoicing will be done automatically, to the credit card on file on the 1st of the month. A receipt will be send to the "billing email address".  If fees are not received, your account may be suspended, either partially or fully, until full payment is received. All fees paid are non-refundable.

You agree to provide Skymark with complete billing and contact information including your current legal business name, address, email, contact name, as well as valid credit card information (VISA or MasterCard).  Such information will be kept on file for automatic billing.  If any of your information changes you will provide the updated information via the Admin Billing section of the application. Skymark has the right to set monthly fees and to modify them as needed.  Skymark will notify you of any changes with at least 60 days notice.  Notice will be sent by email, to the "billing email address" entered in the admin configuration in the application.  Your continued use of the application, after such notice shall constitute your acceptance of the changes.  All special pricing terms are confidential and you agree not to disclose them to any third party.

6. Termination
Skymark has the right to terminate this agreement at any time, for any reason, or no reason, without obligation to refund any prepaid fees.  You may terminate your account by sending a termination request, via email, to Skymark prior to the 15th of preceding the month for which you wish to cancel.  Upon your request to cancel your account, your account will no longer be available at the start of the next month.  Skymark has no obligation to retain any information after the termination of your account.

7. System Access
As the application is an internet based application, usage of it is dependent on an internet connection. Access to the application may be delayed or affected by inherent use of the internet, which is beyond the control of Skymark.  Skymark is not responsible for and shall not be liable for any delays, delivery failures, limited access or other loss or damage resulting from such connection issues.

8. Your Responsibilities
You are solely and exclusively responsible for all data and activity within your account. This includes the creation, management and rights and permission settings of all users who you grant access to your account. As the monthly payment is based on number of aircraft, it is your responsibility to control who is able to add additional aircraft to your account. You shall report to Skymark any suspected unauthorized access or breach of security as soon as it is detected.

9. Account Information and Data
All data that is entered into the application, by its use, is considered user data and is not owned by Skymark. You are solely and exclusively responsible for the accuracy of this data and Skymark shall not be held responsible or liable for any such data. You are also responsible for the control and care of which users (by User Role permissions) have access to this data in your account. Skymark shall provide means to export any and all user data. Upon termination of your account, Skymark shall grant you access to your account, for the sole purpose of exporting the data, for a brief period of time.

10. Modifications
Skymark has the right to update and change the application, as it sees fit.  Updates will be done at such a time that impact on usage is minimized. Skymark has the right to make available to other customers, any customizations that may have been done exclusively for you.  This includes any customizations that require a customization fee to be paid.
Skymark reserves the right to update, or modify this agreement, at any time, effective upon posting of the new agreement.  Skymark will notify you when a new agreement has been posted.  Continued use of the application after such changes shall constitute your acceptance of such changes.

Skymark Technologies
Last updated April 8, 2022