TERMS OF USE

1.1. This document (“Terms”) is an agreement between you (the “User”) and Digital Trading Solution Inc., a company duly organized and existing under the laws of the United Arab Emirates, having its registered address at Sheikh Rashid Tower, Dubai World Trade Centre, Dubai, United Arab Emirates (“Company”) which set outs the term and conditions governing the access to and/or use of the electronic platform (“Wingform”) and products at and/or through the website, including but not limited to document tools, transaction management systems, KYC/KYB onboarding, AML/CFT screening, online negotiation tools, title research, automated legal agreements and documentation, digital signatures, and closing solutions, whether offered by the Company directly or through third parties (collectively the “Services”).

1.2. The version of the Terms currently in force will be available on the websites located at https://wingform.com/ and https://app.wingform.com (“Site(s)”) and you agree that it shall be your sole responsibility to check for any updates to the Terms. For any other information or support, please contact us:

(a) Email: [email protected]

(b) Post: Wingform Inc., 1207 Delaware Ave #3093, Wilmington, DE, The United States, 19806

1.3. Please do not access Wingform where such access is prohibited by these Terms or applicable law. The Services are offered to persons or entities who reside in, are located in, are incorporated in, or have a registered office in any Restricted Jurisdiction (as defined below, and any such person or entity from a restricted jurisdiction, a “Restricted Person”). Use of a virtual private network (“VPN”) to circumvent the restrictions set forth herein is prohibited.

1.4. In interpreting the Terms, the intention and purpose behind the specific paragraph or paragraphs must be taken into consideration. The Terms shall be of a continuing nature.

2.1. Please read these General Terms of Use carefully before accessing Wingform or using any of the Services. By accessing Wingform and/or using our Services, you expressly acknowledge and represent that you have carefully read, understood, and accepted the General Terms of Use in its entirety as a legally binding agreement between yourself and the Company. You expressly agree and accept any other terms, policies, and guidelines incorporated by reference herein. If you are accessing Wingform and using the Services on behalf of a company or other legal entity (e.g. employer, agent, or broker), you represent and warrant that you have the authority to bind that entity to these General Terms of Use. You should immediately stop accessing and/or using Wingform if you do not accept the Terms.

3.1. The Company may, from time to time, amend, restate, or supplement the Terms (including the Fees) at the sole discretion of the Company, including any other terms, policies, guidelines, or procedures, considering future developments such as changes in industry trends and/or any changes in legal and/or regulatory requirements applicable to the Company.

3.2. Any amendment, restatement, or supplement to the Terms shall be available through Wingform and on the Site and, unless stated otherwise, shall be effective and binding on you upon publication or at such time as may be prescribed by the Company.

3.3. You agree that the publication of any amendment, restatement, or supplement to the Terms through Wingform and on the Site shall be sufficient notice to you and that your continued access and/or use of Wingform and/or the Services after such amendment shall constitute your acceptance of such amendment, restatement or supplement to the Terms. If you continue to use the Services after we have posted an updated Terms of Use, you agree to be bound by the updated General Terms of Use. As our Services evolve, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. Any changes to the Company’s policies, guidelines, or procedures shall be incorporated by reference herein.

4.1. Ownership and Rights to Access and/or Use the Services. By using the Services and subject to your compliance with the Terms: (i) Wingform and our licensors grant to you a limited, personal, non-exclusive, non-transferable, revocable right to use and/or access the Services; and (ii) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, software, products and/or services obtained from and/or through the Services without the express prior written permission of Wingform. Neither the Terms nor your access to and/or use of the Services transfers to you and/or any third party any rights, title, and/or interest in any intellectual property rights related to the Services.

4.2. Reservation of rights. Our Services and those of our licensors are protected by applicable intellectual property laws, including United Arab Emirates copyright law and international treaties. Subject to the limited rights expressly granted hereunder, Wingform and/or its third-party providers, licensors, and suppliers reserve all rights, title, and interest in and to the Services, including without limitation, all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

4.3. Availability of content. We do not guarantee that any content will be made available on the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit and/or modify any content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims and/or allegations from third parties and/or authorities relating to such content and/or if we are concerned that you may have violated the Terms), and/or for no reason at all and (ii) remove or block any content from the Services.

4.4. Marketing of services, products, and/or events. As part of the registration process, Users are also provided the opportunity to receive relevant information about the Services. In this instance, Wingform may reach out to the customer through the e-mail provided at registration. Acceptance is optional and declining to opt-in will not impact the Services. Should customer opt-in to receiving marketing materials, etc., that consent may be revoked at any time by clicking the unsubscribe link provided in the email and also as described in Wingform’s Privacy Policy. Revocation of consent will not impact our ability to contact you regarding transactional and/or service support, unrelated to marketing.

5.1. User Representations and Warranties. As a condition to accessing Wingform or using the Services, you represent and warrant to the Company the following:

5.2. By accessing and/or using Wingform, you represent and warrant to the Company that you are an eligible user. Despite being an eligible user, the Company reserves the right to limit your access and/or use of Wingform and/or the Services in accordance with the Terms at the sole discretion of the Company.

5.3. User Covenants. As a condition to accessing or using the Services, you acknowledge, understand, and agree to the following:

6.1. The Company grants you a license to access and use Wingform, a technology platform to facilitate the sales and acquisition of aircraft between seller and purchaser. Wingform’s Services include document tools, transaction management systems, offering users KYC/KYB onboarding, AML/CFT screening, and verification, online negotiation, title research, automated legal agreements, and documentation, integrated digital signatures, and closing solutions. Wingform allows Users to submit aircraft for sale and for other Users to buy those aircraft. Purchasers and sellers can interact, negotiate and agree upon the terms of the purchase directly or with the assistance of brokers or authorized third parties. Wingform, however, is not the owner, seller, or purchaser of any of the aircraft on Wingorm or the Site. Wingform may use third-party services to facilitate the provision of its Services, and these services may have their own terms and conditions.

7.1. The Company has partnered with third parties to facilitate, provide, or otherwise offer certain parts of the Services ("Third-Party Services Providers"). You may be required to enter into additional agreements with such Third-Party Partners in order to enable or access certain functions of the Services. Wingform does not have control of, or liability for, the products or services offered by Third-Party Services Providers.

7.2. Closing. You acknowledge and agree that the transaction will be closed in accordance with Wingform's Closing Provider Policy.

7.15. We streamline your verification process with truly global coverage through our Thrid Party Serivce Provider Sum and Substance Ltd (“SumSub”). Sumsub is an all-in-one suite for identity verification, fraud prevention, and KYC/AML compliance. The compliance checks provided by third-party provider SumSub whose services are integrated into Wingform.

7.16. By accepting these Wingform Terms of Use you agree to (i) Sumsub's privacy notice, available at https://sumsub.com/privacy-notice/, and (ii) Sumsub's terms of use available at https://sumsub.com/terms-of-use/, as applicable to the functionalities of Wingform Onboarding Process, including, the verification of Personal Identifiable Information (KYC/KYB) and AML/CFT/CPF compliance checks, (collectively, "Sumsub Terms")

7.17. Documents on Wingform are electronically signed through our third-party electronic signatures provider SignNow, which is integrated into Wingform. SignNow complies with global industry security standards including, GDPR compliance, SOC 2 Type II Certified, PCI DSS certification, 21 CFR Part 11, HIPAA compliance, and CCPA compliance.

7.18. By accepting these Wingform Terms of Use you agree to (i) SignNow's privacy notice, available at https://www.signnow.com/privacy_notice, and (ii) Sumsub's terms of service available at https://www.signnow.com/terms, (collectively, “SignNow Terms”) as applicable to the functionalities of Wingform

7.19. For most use cases, e-signatures are considered legally binding, however, it is the responsibility and liability of each user of Wingform to ensure that the use of e-signatures complies with laws, regulations, and policies applicable to you, as a user.

8.1. It shall be your sole responsibility to ensure that any data, document, or other information, whether electronic or otherwise, that you submit to any the Company and/or to any other User (whether through Wingform or otherwise):

(a) is complete, true, and accurate in all respects at all times;

(b) where applicable, is provided within a reasonable time;

(c) is not false, misleading or deceptive in any respect at all times; and

(d) does not omit anything that affects or is likely to affect the meaning or significance of such data, document or other information in any respect at all times.

8.2. The Company and/or Wingform is not responsible for any errors or inaccuracies in the information provided by Users or third-party sources. Each User should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility. We make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents in Wingform, information and Services made accessible through Wingform, any hyperlinks to third-party websites, or the security associated with the transmission of information through the Services, or any website linked to the Services.

9.1. Users register to Wingform by creating a username, e-mail, and password. Users must confirm their email by submitting a six-digit that is sent to their email. Wingform requires users to use two-factor authentication (2FA) to provide increased security. Sign-up is completed after email confirmation.

9.2. When you create an account, you must retain access to the account-linked email and any other credentials that are established to access your account ("Credentials") to continue to access your account and to use the Services. You must maintain the security of your account by protecting your Credentials and account-linked devices, agree to not disclose your Credentials to anyone, and immediately notify us if you discover or otherwise suspect any security breach related to your account, receive an account communication that you do not recognize, receive any notification concerning your account regarding an event that you do not recognize, or if you discover or otherwise suspect any other unauthorized use of or access to your account. You are solely responsible for managing and maintaining the security of any information relating to such Credentials and agree that the Company shall not be held responsible for any unauthorized access to the Services or any resulting harm you may suffer. You are responsible for all activities that occur on your account, whether or not you know about them. You agree to cooperate fully with the legal authorities and the Company in any investigation of activity on your account.

9.3. In order to access and/or use the Services, you may be asked to create a Wingform workspace. There are different types described as follows:

9.4. Brokers profiles have access to Wingform’s transaction management system (“Deal Flow Controller”)

9.5 Brokers agree to adhere to these Terms or any other applicable terms and shall extend such adherence to their clients, thereby representing and warranting that they possess the requisite authority to act and represent on behalf of their clients, whether as buyers or sellers, within the scope of Services facilitated through Wingform. Furthermore, Brokers shall bear full responsibility for any and all actions taken on Wingform on behalf of their clients, ensuring that such actions comply with these Terms and applicable laws, and shall indemnify and hold the Company harmless from any claims, damages, or liabilities arising from their actions or representations.

9.6. Each Workspace has its unique set of inventory, transactions, a representative's rights, payment details, vaults, documents, etc. Workspaces are totally independent. A user can switch between his/her workspaces to participate in different transactions in different roles. Information relating to a workspace is used in the transaction and documents. It is the responsibility of users to include accurate information to avoid legal and financial consequences.

10.1. You may not use the Services to engage in the following activities ("Prohibited Uses") as determined by Wingform or its Third-Party Partners, and as updated from time to time. The Prohibited Uses listed below are representative, but not exhaustive. By opening an account, you confirm that you will not use your account or the Services to do any of the following:

a. interfere with another individual's or entity's access to or use of any Services;

b. provide false or misleading information about yourself or any of the assets for sale, including impersonating or misrepresenting your affiliation with any individual or entity;

c. defame, abuse, extort, harass, stalk, threaten, or otherwise violate or infringe the legal rights of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; or post any information on our Site or Services that is offensive, rude, disparaging, intended to deceive or delude other users/visitors, threatening, abusive, harassing, hateful, defamatory, pornographic, political, racist, or otherwise unlawful or offensive, or that does not generally pertain to the designated topic or theme;

d. harvest or otherwise collect information through the Services about others without proper consent;

e. send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation;

f. infringe our or any third party’s intellectual property rights or rights of publicity or privacy;

g. engage in any activity which operates to defraud Wingform, Wingform's users, or any other person; provide any false, inaccurate, or misleading information to Wingform;

h. use any application programming interfaces belonging to Wingform or its affiliates without Wingform's express written consent, or otherwise access your account other than through the Site;

i. access, tamper with, or use non-public areas of the Services, Wingform’s computer systems, or the technical delivery systems of Wingform’s providers;

j. attempt to probe, scan, or test the vulnerability of any Wingform system or network or breach any security or authentication measures;

k. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Wingform, any of Wingform’s providers, or any other third party (including another user) to protect the Services;

l. attempt to access or search the Services or download any information from the Services, through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software or search agents provided by Wingform or other generally available third-party web browsers;

m. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information or payment requests;

n. attempt to decipher, decompile, disassemble, or reverse engineer any software used to provide the Services;

o. interfere with, or attempt to interfere with, the access of any user, host, or network to the Services, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

p. collect or store any personally identifiable information from the Services or from other users of the Services without their express permission;

q. engage in any activity that would enable to the Services from any Restricted Jurisdiction;

r. Engage in any unlawful activity which would (i) violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Wingform or its Third-Party Partner conducts business, including sanctions programs administered by OFAC; (ii) involve proceeds of any unlawful activity; or (iii) publish, distribute, or disseminate any unlawful material or information;

s. violate any applicable law or regulation; or

t. encourage or enable others to commit any of the Prohibited Uses.

10.2. All the above are forbidden regardless of the means used, including but not limited to, hacking or by the introduction of any worms, Trojan horses, viruses, unauthorized, malicious or harmful code or other harmful software. By breaching this provision, you may be committing a criminal offense. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.

10.3. Although we are not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms of Use, and to comply with applicable law or other legal requirements. We have the right to investigate violations of this Terms of Use or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

11.1. You may not access Wingform and/or be restricted from the Services if you as an individual are a resident or your company is incorporated or operates from a state, country, territory, or other jurisdiction that (i) does not have adequate Anti-Money Laundering/Combating the Financing of Terrorism standards; (ii) is included in UN sanctions lists; (iii) is part of EU Restrictive Measure list; (iv) does not comply with international standards of the Financial Action Task Force (FATF); (v) is part of Non-Cooperative Countries or Territories; (vi) is included in the Treasury Department’s Office of Foreign Asset Control (OFAC); (vii) is part of the financing of proliferation of WMDs and Other UN sanctions regimes with Targeted Financial Sanctions; (viii) is considered a disputed territory; (ix) or where your use of the Services would violate any applicable law. You also may not use the Services if you are located in, you are a resident of, any other jurisdiction where Wingform or its Third-Party Partners have determined to prohibit use of the Services. You agree to notify Wingform and close your account before establishing residency in any Restricted Jurisdiction. You may not use the Services if you are associated with the U.S. Department of Treasury's Office of Foreign Assets Control (OFAC) list of Specially Designated Nationals and Blocked Persons ("SDN List"). If you attempt to access your account from a Restricted Jurisdiction, you are ordinarily a resident of a Restricted Jurisdiction, or Wingform believes that you are attempting such access or have become a resident of a Restricted Jurisdiction, Wingform may restrict your account, and any pending transactions may be canceled. If this happens, you should contact [email protected], and you may be asked to provide supplemental information about the foregoing. In order to protect the integrity of the Services, we reserve the right, at any time, in our sole discretion, to block access to the Services from certain IP addresses and unique device identifiers.

12.1. The Services are protected by copyright, trademark, and other laws. Nothing in the Terms of Use gives you a right to use, in any manner, Wingform name or any of the Wingform trademarks, product names, logos, domain names, layout or design of any page or form contained on a page, other distinctive brand features, or other proprietary or intellectual property rights ("Wingform Marks"). All right, title, and interest in and to the Services and the Wingform Marks are and will remain the exclusive property of Wingform. Unless otherwise indicated by us, all intellectual property rights and any content provided in connection with the Site or the Services, are the property of Wingform or our licensors or suppliers and are protected by applicable intellectual property laws. You accept and acknowledge that the material and content contained in or delivered by the Site or the Services is made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the Site or the Services as set forth in this Terms of Use. Any other use of content from the Site or the Services is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property rights. You may not sell or modify materials derived or created from the Site or the Services or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose. Your use of such materials on any other website or on a file-sharing or similar service for any purpose is strictly prohibited. You may not copy any material or content derived or created from the Site or the Services without our express, written permission. Any rights not expressly granted herein to use the materials contained on or through the Site or the Services are reserved by the Company in full. We respect the intellectual property of others. If you believe that your intellectual property rights are being infringed, please email [email protected].

13.1. We will collect data, content and information that you provide us or that is collected by us as you use the Site or Services (“User Content”). You hereby grant to us, and represent and warrant that you have all rights necessary to grant to us, a worldwide, perpetual, irrevocable, non-exclusive, transferable, and royalty-free right and license to use, store, copy, distribute, and make available to third parties (for their own use, storage, reproduction, distribution and right to make available to third-parties) all User Content. We are not responsible for any loss or damage to your User Content while it is in our possession. We have the right to disclose your identity to any third party who is claiming that any content submitted or uploaded by you to our Site or Services constitutes a violation of their intellectual property rights, or of their right to privacy. At any time, we have the right to remove any User Content you submit to our Site or Services if, in our sole discretion, your post does not comply with these Terms. We take no responsibility and assume no liability for any or your User Content. You represent and warrant that you own or control all rights in and to any User Content including, without limitation, all data you input into the Site or Services. You understand and acknowledge that you are responsible for any data you submit to the Site or Services, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

14.1. In using the Services, you may view content or services provided by third parties, including links to web pages and services of such parties (“Third Party Content”). We do not control, endorse or adopt any Third Party Content and have no responsibility for Third Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of Third Party Content is at your own risk.

15.1. We may, in our sole discretion and without any cost or liability to you, with or without prior notice and at any time, suspend, modify, or terminate, temporarily or permanently, all or any portion of our Services, establish certain transaction limits or trading limits, or terminate your account, with or without reason, including, if we reasonably believe: (i) you breached any terms of this Terms of Use; (ii) you expose us to risk or potential legal liability (iii) it is no longer economically feasible for us to continue providing the Services to you; (iv) due to insolvency, bankruptcy; or (v) termination or removal of the Services by any distribution platform.

15.2. The Company has the right to immediately cause your account to be suspended, and the funds and assets in your account may be frozen if: (i) the Company or any of the Third Party Services Providers suspect, in their sole discretion, your account to be in violation of this Terms of Use, or the Company or Third Party Services Providers’ Anti-Money Laundering program; (ii) the Company is required to do by a government or regulatory authority, applicable law, court order, or a facially valid subpoena; (iii) the Company believes there is unusual activity in your account or that you are using your Credentials or your account in an unauthorized or inappropriate manner. Your account will remain suspended until a determination is made in the investigation by the Company or its Third-Party Partner, at which point the Company may determine to terminate your account.

16.1. The Company is under no obligation to become involved in any dispute that you have with other users and/or in any incident that you, as a User are party to with other users, or that are affected by and/or otherwise related to the Services.

16.2. The Company disclaims all liability relating to any User Content, including any error, virus, defamation, libel, obscenity or inaccuracy contained in any User Content, whether or not arising under the laws of copyright, libel, privacy or otherwise, any prohibited User Content and any other User Content. You are solely responsible for any damage (including, without limitation, to the Services) resulting from use (and/or submission) of any User Content and/or the Services (including without limitation disputes and incidents described in the preceding sections) and related transactions and/or occurrences. The Company shall have no responsibility for unauthorized access to your workspace, and/or automatic forwarding of messages and/or viruses (caused by viruses or otherwise)

17.1 DISCLAIMER OF WARRANTIES. THE COMPANY DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT AND/OR QUIET ENJOYMENT, AND ANY SERVICES PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOU ACKNOWLEDGE THAT THE COMPANY MAKES NO WARRANTIES UNDER THESE TERMS OF USE DIRECTLY FOR THE BENEFIT OF ANY END USER AND THAT THE COMPANY’S OBLIGATIONS UNDER THESE TERMS OF USE ARE FOR THE BENEFIT OF YOU ONLY, AND NOT FOR THE BENEFIT OF ANY OTHER PERSON. IN ENTERING INTO THESE TERMS OF USE, YOU REPRESENT THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY OF THE COMPANY OR ITS AFFILIATES EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES SHALL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

17.2. YOU UNDERSTAND THAT THE COMPANY CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.

18.1. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE COMPANY, ITS SERVICES, OR THIS TERMS OF USE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

18.2. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY (A) UNSUPPORTED SOFTWARE OR HARDWARE; (B) ANY BUGS, VIRUSES, TROJAN HORSES, AND/OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY THE COMPANY ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS; (C) THE MALFUNCTION, UNEXPECTED FUNCTION, OR UNINTENDED FUNCTION OF ANY COMPUTER OR CRYPTOCURRENCY NETWORK, INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH NETWORK FORKS, REPLAY ATTACKS, DOUBLE-SPEND ATTACKS, SYBIL ATTACKS, GOVERNANCE DISPUTES, MINING DIFFICULTY, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, HACKING OR CYBERSECURITY BREACHES; (D) ANY CHANGE IN LAW, REGULATION OR POLICY, OR (E) FORCE MAJEURE EVENT. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS TERMS OF USE HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.

19.1. Indemnification. You will defend, indemnify and hold the Company, our providers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from all claims, demands, proceedings, disputes, losses, costs, damages, awards, fees, expenses, and/or liabilities of any nature including without limitation reasonable legal and accounting fees, that arise from and/or relate to (i) your use of the Services and/or inability to use the Services; (ii) your User Content; (iii) your violation of the Terms, (iv) your violation of any rights of a third party through use of the Services or User Content; (v) fraud you commit and/or your intentional misconduct and/or negligence (vi) your interaction with any other user; and/or (vii) your use of the Services that is in violation of any applicable data protection/privacy law. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

19.2. Waiver. You hereby forever discharge and release us, our affiliates and each of our subsidiaries and their respective employees, contractors, directors, suppliers and representatives from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, and/or that relates directly or indirectly to: (i) the Services; (ii) any inaccurate, incomplete, unreliable, illegal or infringing content posted on the Services, whether caused by us or any user of the Services, or by any of the equipment or programming associated with or utilized in the Services; (iii) the conduct, whether online or offline, of any user; (iv) any injury, loss or damage caused by another user or User Content posted on the Services, whether online or offline; and (v) any error, omission, interruption, deletion, defect, delay in operation and/or transmission, communications line failure, theft and/or destruction and/or unauthorized access to, and/or alteration of, the Services users’ communications.

19.3. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

20.1. No legal advice. The Services do not contain legal advice and Wingform is not a law firm. It does not offer legal advice, legal opinions, recommendations, referrals, and/or counseling. Part of the Services that Wingform may provide could involve the construction of contracts, and/or other legal relations and although we attempt to ensure our information is accurate and useful, we recommend that you consult with an attorney of your choosing should you require legal assistance. Finally, other than the Services Wingform provides, Wingform plays no part in agreements between you and other users.

20.2. Electronic Communications. By using the Services, you agree to receive certain communications in connection with them. The communications between you and Wingform use electronic means, whether you use the Services or send us emails, text messages, or whether Wingform posts notices on the Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Wingform in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Wingform provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be a hardcopy in writing. You agree that text messages may be generated by automatic telephone dialing systems. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL TEXTS, YOU MAY TEXT “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE SERVICES. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE SERVICES. THE FOREGOING DOES NOT AFFECT YOUR NON-WAIVABLE RIGHTS.

21.1. It is your responsibility to determine what if any, taxes apply to any transaction or trading activity related to the purchase and sale of assets using our Site. It is your responsibility to report and remit any such tax to the appropriate tax authority. You agree that Wingformis not responsible for determining whether taxes apply to your use of the Services, including your transactions, or for collecting, reporting, withholding, or remitting any taxes arising from your use of the Services.

22.1. The Services may integrate with and/or provide links to various other independent third-party products and/or services (“Linked Sites”) that may be of interest to you and are for your convenience only. The Company does not control and/or endorse such Linked Sites and is neither responsible for their content nor responsible for the accuracy and/or reliability of any information, data, opinions, advice and/or statements contained within such Linked Sites. You will need to make your own independent judgment regarding your interaction with Linked Sites at your own risk. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Linked Site that you visit. The Company reserves the right to terminate any link and/or linking program at any time in its sole and absolute discretion. We disclaim all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials and/or information contained on such Linked Sites.

23.1. Governing Law and Dispute Resolution. This Agreement 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 construed in accordance with English law. Seller and Purchaser hereby expressly agree that, in case the Parties are not able to settle any dispute, arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, any such dispute shall be settled by arbitration in accordance with the ICC Rules of Arbitration as at present in effect. The seat and place of arbitration shall be London, UK and the English language shall be used throughout the arbitral proceedings. The arbitrator shall be one (1) to be appointed in accordance with the rules of ICC.

23.2. Translations. For all purposes, the English language version of these Terms shall be the original, governing instrument and understanding of the parties. In the event of any conflict between the English language version of these Terms and any subsequent translation into any other language, the English language version shall govern and control.

23.4. Amendments. We may modify, add, or remove any portion of these Terms (including any documents incorporated herein), from time to time, in our sole discretion, with or without notice to you, by posting such change on our Site and/or Services. Once posted, such changes shall come into full force and effect.

23.5. Entire Terms. These Terms of Use constitute the entire agreement of the parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the parties relating thereto.The introductory paragraph, and any documents that are linked to or referenced in these Terms, are hereby incorporated by reference and made part of these Terms.

23.6. Force Majeure. Except for payment obligations, neither the Company nor you will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, shortages, riots, pandemics, fires, acts of God, war, strikes, terrorism, and governmental action

23.7. Severability. If any provision of these Terms is determined to be unenforceable for any reason and is unable to be reformed by a court of competent jurisdiction as provided above, such provision shall be deemed separate and severable and the unenforceability of any such provision shall not invalidate or render unenforceable any of the remaining provisions hereof.

23.8. Successors and Assigns. These Terms shall be binding upon and inure to the benefit of both parties and their respective successors and permitted assigns. These Terms may not be assigned by you without our prior written consent. We may freely assign these Terms to any third party.