Terms of Use

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Terms of Use

Terms of Use

Wingu Technology LLC | Last Revised / Effective Date: July 2026

1. Acceptance of Terms and Corporate Eligibility

These Master Terms of Use (these "Terms") constitute a legally binding agreement between you, whether individually or on behalf of an entity ("Customer", "you", or "your"), and Wingu Technology LLC, a Florida limited liability company ("Wingu Technology", "Company", "we", "us", or "our").

These Terms govern your access to and use of our public website located at www.wingutechnology.com (the "Site"), administrative portals, infrastructure control panels, virtual machine environments, software, APIs, and all cloud infrastructure, managed endpoints, VoIP communication channels, backup engines, and technical operations provided by Wingu Technology (collectively, the "Products and Services").

By entering into an order, creating an account, or accessing the Products and Services, you represent and warrant that: (i) you are at least eighteen (18) years of age; (ii) you possess the legal authority to bind yourself or the legal entity you represent; and (iii) your execution and performance under these Terms does not violate any other agreement by which you or your entity are bound.

2. Incorporation of Related Agreements and Governance Hierarchy

These Terms explicitly incorporate by reference the following legal instruments and operational policies (collectively, the "Governance Documents"):

  • Acceptable Use Policy (AUP): Outlining network compliance, prohibited content, and resource utilization standards.
  • Service Level Agreement (SLA): Governing infrastructure availability commitments and operational credit remedy limits.
  • Data Processing Agreement (DPA): Regulating privacy standards, international data transfers, and compliance with data protection laws.
  • AI Usage Policy: Governing artificial intelligence models, automated scripts, and cognitive workloads running on our platform.
  • Privacy Policy: Detailing how personal information and corporate telemetries are collected, processed, and protected.

In the event of an explicit conflict between these Terms and any incorporated Governance Document, these Terms shall control unless the applicable Governance Document explicitly states that it overrides these Terms by referencing the specific section to be overridden.

3. Customer Accounts, Security, and Administrative Control

A. Account Responsibility: To access our Products and Services, you must register for an account and maintain accurate, complete, and current registration metrics. You are solely responsible for updating your administrative contacts, billing email addresses, and corporate entity records.

B. Credential Confidentiality: You maintain sole responsibility for safeguarding all authentication credentials, administrative passwords, SSH keys, multi-factor authentication tokens, and API secrets associated with your account. Wingu Technology shall not be liable for any losses or unauthorized access resulting from compromised Customer credentials.

C. Tenant Isolation and Intrusions: You acknowledge that Wingu Technology provides multi-tenant and isolated infrastructure boundaries. Wingu Technology is not responsible for internal operating system administration, software patching, application vulnerabilities, or unauthorized access occurring inside your virtual machines or endpoint environments, unless explicitly contracted under a separate, signed Managed Security Service Provider (MSSP) statement of work.

D. Breach Notification to Wingu: You must notify Wingu Technology immediately at support [at] wingutechnology [dot] com upon discovering any unauthorized access, security incident, or breach affecting your account or infrastructure hosted with Wingu Technology.

4. Service Orders, Provisioning, and Term Duration

A. Order Authorization: Submitting an electronic order form, interactive wizard, or subscription request constitutes a binding commitment to purchase the selected Products and Services subject to these Terms.

B. Term and Auto-Renewal: Unless otherwise specified in an applicable order form, Products and Services are provisioned on a month-to-month recurring basis. Services automatically renew for successive monthly billing terms unless terminated by either party in accordance with Section 7.

5. Billing, Invoicing, Taxes, and Collection Actions

A. Recurring Utility Commitments: Customer agrees to pay all monthly recurring fees and one-time setup or onboarding fees specified during checkout or set forth in Customer's account invoice. Monthly recurring fees are billed in advance; usage-based charges are billed in arrears.

B. Payment Method and Authorization: You authorize Wingu Technology to automatically charge your designated credit card, ACH transfer, or approved payment processor on file for all recurring charges, setup requirements, and applicable fees. You represent that you are an authorized user of any payment account provided.

C. Price Modifications: Wingu Technology reserves the right to modify service fees, utility rates, and recurring pricing upon thirty (30) days' advance notice delivered via email or posted within the Customer billing control panel.

D. Taxes: Fees are exclusive of all applicable federal, state, local, or international sales, use, excise, value-added (VAT), or communication taxes. Customer is responsible for all applicable taxes associated with their order, excluding taxes based on Wingu Technology's net income.

E. Late Payment and Non-Payment Suspension: Invoices not paid when due shall accrue interest at the rate of 1.5% per month (18% per annum) or the maximum legal rate permitted under Florida law, whichever is lower. Wingu Technology reserves the right to immediately suspend infrastructure access, drop network routing, or disable accounts upon payment default without incurring any liability for resulting customer downtime or data loss.

F. Expenses of Collection: Customer agrees to pay all costs and expenses, including reasonable attorneys' fees, paralegal fees, court costs, and collection agency fees incurred by Wingu Technology in enforcing collection of overdue balances.

6. Strict Backup Assurance and Data Loss Disclaimer

A. Customer Maintenance Obligations: You acknowledge and agree that you are solely responsible for maintaining complete, independent, and secure off-site backups of all data, database files, software code, configurations, and media residing on Wingu Technology's servers or managed endpoints.

B. Absolute Release of Liability for Data Loss: UNDER NO CIRCUMSTANCES SHALL WINGU TECHNOLOGY BE LIABLE FOR ANY DAMAGED, CORRUPTED, DELETED, DESTROYED, OR LOST DATA, REGARDLESS OF CAUSE, INCLUDING SYSTEM FAILURES, HARD DRIVE CORRUPTION, NETWORK OUTAGES, HARDWARE MALFUNCTIONS, OPERATING SYSTEM RE-INSTALLATIONS, ACCOUNT SUSPENSION, OR NEGLIGENCE OF WINGU TECHNOLOGY. YOU ASSUME FULL FINANCIAL AND OPERATIONAL RISK FOR DATA INTEGRITY AND RECOVERY.

7. Term, Suspension, and Termination Protocols

A. Termination for Convenience: Customer may cancel services at any time through the billing dashboard. Cancellations take effect at the end of the current monthly billing cycle. Pre-paid monthly fees are non-refundable.

B. Termination for Cause: Wingu Technology may immediately terminate or suspend your account, without prior notice, refund, or obligation, if: (i) you breach any provision of these Terms or the Governance Documents; (ii) we receive a lawful law enforcement directive or court order; (iii) your server becomes the target or source of severe network attacks (e.g., DDoS) threatening overall infrastructure stability; or (iv) you engage in fraudulent, abusive, or illegal conduct.

C. Effect of Termination: Upon termination or cancellation of your account, all rights to access the Products and Services cease immediately. Wingu Technology reserves the explicit right to permanently delete and purge all Customer data, files, and virtual server snapshots remaining on our servers within thirty (30) days following account termination, with zero liability for recovery.

8. Intellectual Property and Digital Millennium Copyright Act (DMCA)

A. Ownership: Wingu Technology retains all right, title, and interest in and to Wingu Technology Intellectual Property, including software, platform architecture, custom integrations, domain names, documentation, trademarks, and trade secrets. Customer acquires no ownership rights under these Terms.

B. Customer Data Ownership: Customer retains exclusive ownership of all data, text, files, images, and intellectual property uploaded by Customer to their cloud workspace ("Customer Data").

C. DMCA Safe Harbor and Copyright Takedown Procedure: Pursuant to 17 U.S.C. § 512(c), Wingu Technology respects intellectual property rights. Copyright owners who believe content hosted on Wingu Technology's network infringes their copyright may submit a formal DMCA Takedown Notice to our Designated Copyright Agent at:

DMCA Agent: Legal Compliance Department
Entity: Wingu Technology LLC
Email: support [at] wingutechnology [dot] com
Address: Wesley Chapel, Florida, USA

Notice must include: (i) physical or electronic signature of the copyright owner; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the material to be removed and its location; (iv) contact details of the complaining party; (v) a statement of good faith belief; and (vi) a statement under penalty of perjury that the information is accurate and authorized.

9. Disclaimers of Warranties

WITHOUT LIMITING THE FOREGOING, WINGU TECHNOLOGY DOES NOT WARRANT OR GUARANTEE THAT: (I) THE PRODUCTS AND SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS; (II) OPERATION OF THE INFRASTRUCTURE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, VIRUS-FREE, OR ABSOLUTELY SECURE; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (IV) DATA TRANSMITTED THROUGH OUR NETWORK WILL NOT BE INTERCEPTED OR ALTERED BY THIRD PARTIES.

10. Consequential Damages Waiver and Limitation of Liability

AGGREGATE LIABILITY CAP: WINGU TECHNOLOGY'S MAXIMUM CUMULATIVE AGGREGATE LIABILITY FOR ALL CLAIMS, DEMANDS, SUITS, CAUSES OF ACTION, OR PROCEEDINGS OF ANY KIND ARISING UNDER OR RELATING TO THESE TERMS, THE SLA, OR THE PRODUCTS AND SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER TO WINGU TECHNOLOGY IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, OR FIVE THOUSAND UNITED STATES DOLLARS ($5,000.00 USD), WHICHEVER IS LESS.

THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT. CUSTOMER ACKNOWLEDGES THAT THE FEES CHARGED BY WINGU TECHNOLOGY REFLECT THIS ALLOCATION OF RISK AND LIMITATION OF LIABILITY.

11. Indemnification Obligations

Customer agrees to defend, indemnify, and hold harmless Wingu Technology LLC, its corporate affiliates, members, managers, officers, employees, contractors, and agents from and against any third-party claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees, expert witness fees, and court costs) arising out of or relating to:

  1. Customer's access to, use, or misuse of the Products and Services;
  2. Customer Data or content hosted, transmitted, or processed on Customer's infrastructure, including claims of copyright infringement, libel, trade secret misappropriation, or privacy violations;
  3. Violation of these Terms, the AUP, or applicable local, state, federal, or international laws or regulations;
  4. Negligent, reckless, or willful misconduct by Customer or Customer's end-users; or
  5. Security breaches, malware distribution, spamming, or attacks originating from Customer's accounts or provisioned servers.

12. Governing Law, Forum, and Dispute Resolution

A. Governing Law: These Terms and any claim, dispute, or legal proceeding arising out of or relating to these Terms, the Governance Documents, or the Products and Services shall be governed by, construed, and enforced exclusively in accordance with the laws of the State of Florida, without regard to its conflict or choice of law principles.

B. Exclusive Forum and Venue: The parties explicitly agree that exclusive jurisdiction and venue for any judicial proceeding, lawsuit, or legal dispute shall lie solely in the state courts located in Pasco County, Florida, or the United States District Court for the Middle District of Florida (Tampa Division). Each party hereby irrevocably submits to the exclusive personal jurisdiction of such courts and waives any objection based on forum non conveniens or venue choices.

C. Informal Dispute Resolution Protocol: Prior to initiating formal litigation, the parties agree to negotiate in good faith to resolve any dispute. Customer shall transmit a written "Notice of Dispute" detailing the legal claim and requested relief to support [at] wingutechnology [dot] com. Wingu Technology shall have thirty (30) business days from receipt to review and attempt resolution before formal court proceedings may be filed.

13. Mandatory Class Action Waiver and Jury Trial Waiver

14. One (1) Year Statute of Limitations

15. US Export Control, OFAC Sanctions, and Legal Compliance

Customer agrees to comply fully with all United States export control laws and trade sanctions regulations administered by the U.S. Department of Commerce (Bureau of Industry and Security) and the U.S. Department of the Treasury (Office of Foreign Assets Control - OFAC). Customer explicitly represents and warrants that Customer is not: (i) located in, or a national or resident of, any country subject to U.S. trade embargoes; (ii) listed on any U.S. government restricted party list (such as the Specially Designated Nationals List); or (iii) utilizing Wingu Technology infrastructure to store, process, or export technical data restricted under International Traffic in Arms Regulations (ITAR) or Export Administration Regulations (EAR) without prior required federal licensing.

16. Force Majeure

Neither party shall be liable or responsible to the other party, nor deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms (excluding payment obligations) when such failure or delay is caused by or results from acts beyond the reasonable control of the affected party (a "Force Majeure Event"), including: acts of God, flood, fire, earthquake, explosion, war, terrorism, civil unrest, regional power grid failures, fiber optic line cuts, major upstream Internet Service Provider (ISP) outages, severe cyberattacks (such as nation-state attacks or unprecedented global zero-day exploits), epidemic, pandemic, or government embargoes, laws, or directives.

17. Severability, Assignment, and Entire Agreement

A. Severability: If any provision or portion of these Terms or any Governance Document is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

B. Assignment: Customer may not assign, delegate, or transfer any of its rights or obligations under these Terms without the prior express written consent of Wingu Technology. Wingu Technology may freely assign its rights and obligations under these Terms in connection with a corporate reorganization, merger, acquisition, or sale of substantially all assets without customer consent.

C. No Third-Party Beneficiaries: Nothing in these Terms expressed or implied is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy.

D. Entire Agreement: These Terms, together with the incorporated Governance Documents and accepted order forms, constitute the entire, complete, and exclusive agreement between Customer and Wingu Technology LLC regarding the subject matter herein, superseding all prior or contemporaneous understandings, proposals, representations, or communications, whether oral or written.

18. Contact Information and Legal Notices

All legal notices, demand letters, or inquiries regarding these Terms or the Governance Documents should be directed to Wingu Technology's corporate legal communications channel at:

Wingu Technology LLC
Attention: Legal and Regulatory Affairs
Email: support [at] wingutechnology [dot] com
Corporate Location: Wesley Chapel, Pasco County, Florida, USA
Website: www.wingutechnology.com

Acceptable Use Policy & Service Level Agreement

Introduction

This Acceptable Use Policy (as amended, modified or supplemented from time to time as set forth on Wingu Technology’s website, this “AUP”) of Wingu Technology and its affiliates ("Wingu Technology"), is designed to protect Wingu Technology's customers, users of Wingu Technology’s website, Wingu Technology's Products and Services and to ensure further compliance with all relevant laws and regulations.

IF YOU DO NOT AGREE TO THIS AUP, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE AND/OR ANY OF THE PRODUCTS AND SERVICES.

This AUP applies to each Customer that subscribes for the Products and Services. This AUP should be read in conjunction with the Terms, SLA and Privacy Policy. Capitalized terms used herein without being defined herein shall have the meaning ascribed to such capitalized term in the Terms, the SLA or the Privacy Policy, as applicable.

CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT HE/SHE/IT HAS READ, UNDERSTOOD AND ACCEPTED THE PROVISIONS OF THE TERMS, THE SLA, THE PRIVACY POLICY AND THIS AUP.

By using the Products and Services, Customers are, and shall remain, responsible for complying with the provisions of this AUP and for any violation that are or may be attributed to their customers and users, whether authorized or not by the Customer or by Wingu Technology. Customers must take all reasonable steps to ensure that their customers and users will comply with this AUP.

This AUP does not (a) obligate Wingu Technology to monitor, review, or police the data and/or content and/or information residing on the Wingu Technology's servers and/or are managed by the Customer under his/her/its Account; or (b) create any obligation or duty of Wingu Technology to any party that is not a Customer. It is an obligation of the Customer to notify Wingu Technology of any violations of law or breach of this AUP.

WINGU TECHNOLOGY EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY BY WINGU TECHNOLOGY, TEMPORARILY OR PERMANENTLY STORED ON ANY SERVER OF WINGU TECHNOLOGY OR THE BY USING THE ACCOUNT AND FOR THE ACTIONS OR OMISSION OF CUSTOMERS AND/OR ANY OF THEIR CUSTOMERS AND USERS.

In addition to any other actions it may take under this AUP, Wingu Technology reserves the right to cooperate fully with any criminal investigation of data, information or content located on Wingu Technology's servers and/or as been used for criminal purposes by using the Products and Services.

Customers’ Security and Confidentiality Obligations

Customer is responsible for: (a) use reasonable care to ensure the security of their Account; (b) maintaining the confidentiality of her/his/its password account; (c) ensuring that all activities that occur in connection with the Account comply with the Terms, this AUP and Applicable Laws. Customer acknowledges and agrees that Wingu Technology is not responsible for the internal management or administration of her/his/its Account and any of the data, content and information stored thereby.

A Customer is solely responsible for any intrusions into, or security breaches of, any of its Accounts, except as otherwise covered by a specifically designated security administration or firewall security service package ordered by the Customer from Wingu Technology.

Prohibited Activities

A. Customers shall not allow the posting, transmission, or storage of data or content on or through the Account and/or the Products and Services which, in Wingu Technology’s sole determination, constitutes a violation of any federal, state, local or international law, regulation, ordinance, court order or other legal process (“Applicable Laws”).

B. Customers may not transmit, distribute, download, copy, cache, host, or otherwise store on their Account any information; data, material, or work that infringes the intellectual property rights of others or violates any trade secret right of any other person.

C. Customers may not use their Account and/or the Products and Services to (i) send unsolicited bulk messages over the Internet (i.e., “spamming”), (ii) create fake weblog or weblogs which are intended or reasonably likely to promote the author’s affiliated websites or to increase the search engine rankings of associated sites (i.e., “splogs”), or (iii) send spam to weblog sites or automatically post random comments or promotions for commercial services to weblogs (i.e., “spamming blogs”).

D. Without derogating from anything detailed hereto in this AUP, Customer hereby undertakes that he/she/it will not act in any of the following manners:

  • Forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses.
  • Creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks.
  • Hacking, and/or subverting, or assisting others in subverting, the security or integrity of Wingu Technology's products or systems.
  • Soliciting the performance of any illegal activity.
  • Threatening bodily harm, or encouraging bodily harm or property destruction.
  • Engaging in outright fraud, or using services to engage in scams like pyramid schemes.
  • Collecting personal information about others without their knowledge or consent.
  • Using services to disseminate or display images classified under U.S. law as child pornography, child erotica, and/or bestiality.

Additional Restrictions and Prohibited Activities

In addition to any of the prohibited activities set forth and detailed in this AUP, the Customer hereby agrees and undertakes that he/she/it will not (a) save multiple copies of identical and/or essentially similar files; (b) use the Products and Services or any of Wingu Technology's servers for back-up purposes; and/or (c) use the Products and Services for simultaneously transmitting files to a high volume of users (megauploading); (d) storing on Cloud File Server service an average of above 1TiB of storage per active user.

Customer's Undertakings

Customer shall apply for and obtain any and all licenses permits and other authorizations needed to fulfill its obligations under the Terms, this AUP and any Applicable Laws. Customer agrees and undertakes that all contents and activities conducted via the Account and/or the Products and Services are on Customer's sole responsibility.

Legal Investigations

Customers will promptly cooperate and comply with any civil or criminal investigation regarding use of their Account and/or the Products and Services. Wingu Technology reserves the right to comply with any Investigation without any notice to a Customer.

Consequences of Violations of This AUP

Wingu Technology may enforce this AUP, with or without any notice to a Customer, by any action it deems necessary, including suspending or terminating Customer’s Account, removing DNS records, or blocking mail services.

Reporting Violations

If there is a violation of this AUP, please direct the information to Wingu Technology's abuse team at support [at] wingutechnology [dot] com.

Service Level Agreement

By entering, connecting to, accessing or using the Site and/or the Account and/or using any of the Products and Services, you acknowledge that you have read and understood the following provisions of this Service Level Availability ("SLA").

1. Definitions

A. "Service Year" means a 12 month period during which Wingu Technology provided the Customer with the relevant SLA Service.

B. "99.9%" means a potential unavailability of each of the SLA Services for an aggregate period of 8 hours per each Service Year.

2. SLA Services

This SLA shall apply to the Products and Services of the Company as such are described in the Company's Terms of Use available at: www.wingutechnology.com (the "SLA Services").

3. Compensation Amount

If Wingu Technology fails to meet the SERVICE LEVEL AGREEMENT (SLA), Wingu Technology shall credit the Customer by providing to the Customer with a one month Services (regarding the service that failed only), at no cost to the Customer, (up to services value of US$5,000, and limited to one time each 12 months).

Effective Date: October 1, 2025

Welcome to wingutechnology.com. By accessing or using our website, you agree to comply with and be bound by the following Terms of Use. If you do not agree with these terms, please do not use our website.

1. Acceptance of Terms

By using this website, you affirm that you are at least 18 years old or have the consent of a parent or guardian. You agree to use the website in accordance with these Terms of Use and all applicable laws.

2. Changes to Terms

We reserve the right to modify these Terms of Use at any time. Any changes will be effective immediately upon posting on this page. Your continued use of the website after any changes constitutes your acceptance of the new Terms of Use.

3. User Accounts

To access certain features of our website, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4. User Conduct

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable laws or regulations.
  • Impersonating any person or entity or misrepresenting your affiliation with any person or entity.
  • Transmitting any harmful, offensive, or illegal content.
  • Attempting to gain unauthorized access to any portion of the website or any other systems or networks connected to the website.

5. Intellectual Property

All content on this website, including text, graphics, logos, and software, is the property of Wingu Technology or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from any content without our express written permission.

6. Third-Party Links

Our website may contain links to third-party websites. We do not endorse or assume any responsibility for the content or practices of these websites. Your use of any third-party site is at your own risk.

7. Disclaimer of Warranties

The website is provided on an "as-is" and "as-available" basis. We make no representations or warranties of any kind, express or implied, regarding the operation of the website or the information, content, materials, or products included on the website.

8. Limitation of Liability

To the fullest extent permitted by law, Wingu Technology shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the website.

9. Indemnification

You agree to indemnify, defend, and hold harmless Wingu Technology, its affiliates, and their respective officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your use of the website or violation of these Terms of Use.

10. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law principles.

11. Contact Information

If you have any questions about these Terms of Use, please contact us at policies [at] wingutechnology [dot] com.

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The information provided on this website is for general informational purposes only and does not constitute professional IT, security, or legal advice. Implementation of infrastructure solutions should be handled by qualified engineering professionals. Please review our Privacy Policy and Terms of Service to understand our commitment to data sovereignty.

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