Industry-Specific Supplemental Terms

Table of Contents

Effective Date: February 19, 2024 

These Industry-Specific Supplemental Terms (“Industry-Specific Terms”) supplement and amend the End User License Agreement (the “EULA”) for those Wingtra Software users that are identified in one of the categories described herein. If there is any conflict between these Industry-Specific Terms and the EULA, the provisions in these Industry-Specific Terms will prevail to the extent of such conflict. Any capitalized term used in these Industry-Specific Terms that is not otherwise defined herein shall have the meaning ascribed thereto in the EULA.

United States Government Customers

If you are a United States government or other federal government agency or subdivision that is established pursuant to any United States federal law or regulation (the “US Government”), or you are using the Service as a contractor to or otherwise in support of the operations of the US Government pursuant to a contract or other relationship governed by laws or regulations pertaining to such US Government (collectively, a “US Government User”), the provisions of the Industry-Specific Terms in this Section 1 shall apply to you.

a. Use by or for the US Government. The Service is a “commercial product,” “commercial service,” and “commercial off-the-shelf (COTS) item” as defined at 48 C.F.R. §2.101, and constitute “commercial computer software” and “commercial computer software documentation,” as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 to §227.7204. This commercial computer software and all Wingtra related documentation is provided to the US Government User for use by and on behalf of the US Government with only those rights that are granted to, and subject to the terms and conditions of, the EULA, as supplemented herein.

b. Indemnification; Auto-renewal; Venue; Legal Fees. The sections in the EULA titled “Indemnification,” “Limited Warranty; Disclaimers; Limitations,” and “Governing Law” are hereby waived to the extent they are inconsistent with United States federal law.

c. No endorsement. Wingtra agrees that the seals, trademarks, logos, service marks, trade names, and the fact that the US Government uses the Service, will not be used by Wingtra in such a manner as to state or imply that the Service is endorsed, sponsored or recommended by the US Government, or is considered by you or the US Government to be superior to any other products or services. Except where a US Government User has provided any design and content into the Service, Wingtra agrees not to display any of the US Government seals, trademarks, logos, service marks, and trade names on the Wingtra website or elsewhere in the Service unless permission to do so has been granted by you or by other relevant United States federal government authority.

d. Wingtra Not a Government Contractor. Nothing in these Industry-Specific Terms makes Wingtra AG a government contractor for any federal, state, local, or foreign government.

State or Local Government Customers

This Section 2 applies to you if you are a state or local government, but only to the extent the Service is being used by a user in their official capacity as a state or local government official. The sections in the EULA under the captions “Indemnification,” “Limited Warranty; Disclaimers; Limitations,” and “Governing Law” will not apply to you if and to the extent your jurisdiction’s laws prohibit you from accepting the requirements in those sections of the EULA.

Education Customers

a. Age Restrictions. The Service is not intended for and may not be used by individuals under 18 years of age except as provided by, and subject to, the provisions in this Section 3. Children under the age of 18 shall only use the Service under the supervision of their parent/guardian or school/educator and are otherwise specifically prohibited from using the Service.

b. Federal Law. If you are a school or educator in the United States and want your students to use the Service, you are and shall be responsible for complying with the U.S. Family Educational Rights and Privacy Act (“FERPA“), state and local educational privacy laws in your locale, and the Children’s Online Privacy Protection Act of 1998 and its rules (collectively, “COPPA”). To the extent that Wingtra has access to “education records,” as defined by FERPA and its implementing regulations, it is deemed and shall function as a “school official” with “legitimate educational interests” when fulfilling its responsibilities under the EULA, and both parties agree that you have “direct control” over the use of “education records” as these terms are defined under FERPA. Wingtra agrees to comply with its obligations under FERPA, including but not limited to the limitations on re-disclosure of personally identifiable information from education records set forth in FERPA and with the terms set forth below. This means you shall notify those students’ parents/guardians of the personally identifiable information that you will collect and share with us and obtain parental/guardian consent before its students use the Service. When obtaining such consent, you shall provide parents/guardians with a copy of our Privacy Policy. Additionally, you shall be responsible for verifying the student-parent relationship and shall be responsible for compliance with the right of a parent to review personal information provided by the child. You shall comply with such requirements by requesting and providing Wingtra with an educational record request or request for the personal information of a student processed by Wingtra if you are unable to respond to such request without assistance, or any changes to such data requested by the parent, and providing the data to the parent after verification of the student-parent relationship. If you are located outside of the United States, Wingtra shall rely upon you and you shall obtain any required consents or approvals from the parent or guardian of any student covered by similar laws and, as a condition to your and your students’ use of the Service, you shall comply with such laws.

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