Terms and conditions

Account terms

Please keep your account and password secure, and say so straight away if you think someone else has got into your account. If something goes wrong because your sign-in details were not kept secure, that is generally not something Wingsuit is responsible for, but that does not apply where Wingsuit was at fault itself, for example where the problem was caused by a security failing on Wingsuit’s side.
Wingsuit accounts are for teachers and other adults working in education. You must be at least 18 to hold one. Students do not need accounts: they open a link and watch a board.
You are responsible for all content in your account and all activity that happens under it.
You must be a human. Accounts registered by bots or other automated methods are not permitted.
One account is for one person. Sharing sign-in details with colleagues is not permitted; sharing a board or a room link with anyone is exactly what the sharing features are for.

Acceptable use

You agree not to use Wingsuit, and not to allow anyone else to use it, to:

break the law, or infringe anyone else’s rights, including copyright;
publish or broadcast content that is unlawful, harassing, defamatory, or harmful to children;
upload malware, attempt to gain unauthorised access to accounts, content or infrastructure, or interfere with, degrade or circumvent the access restrictions of the service;
reverse engineer, resell, sublicense or redistribute the service, or use it to build a competing product;
put content on a board that you do not have the right to put there; see Student information below.

Verbal, physical, written or other abuse, including threats, directed at anyone working for A2x Development Ltd is a serious breach of these terms and will result in immediate termination of your account. Where that happens, the refund position in Suspension and termination applies.

Your content and who owns what

Your boards, files and everything else you put into Wingsuit remain yours. You keep all right, title and interest in them.
You give Wingsuit a limited licence to store, copy, display and transmit that content strictly so far as needed to provide the service to you and to the people you share it with. No ownership is claimed over it, and it is not used for anything else: not for advertising, not for analytics, and not to train any model.
Content is not pre-screened. Wingsuit reserves the right, but not the obligation, to refuse or remove content that breaks these terms.
Wingsuit owns all right, title and interest in the service itself, including its software, design and name. You obtain no ownership rights in it by using it. Please ask before using the Wingsuit name or logo promotionally.
If you believe content on Wingsuit infringes your copyright, email support@usewingsuit.co.uk with enough detail to identify the content and your rights in it, and it will be investigated.

Student information and your institution

Wingsuit does not ask for information about students and does not need any. Anything about a student is in Wingsuit only because a teacher put it there. Please do not put information that identifies a student onto a board unless your school or college has approved Wingsuit for that use: a board is a teaching surface, not a record system.
Where you use Wingsuit in the course of employment by a school, college or other organisation, you confirm that you are entitled to do so under that organisation’s data protection, safeguarding and acceptable use policies.
Data protection roles. A2x Development Ltd is the controller of your account, billing, session, security-log and support data, as described in the privacy policy. For personal data about other people (including students) that you place into the service, your organisation, or you if you are not acting for one, is the controller, and Wingsuit acts as processor on its instructions.
The data processing agreement governs that processing. It is offered to any school or college free of charge, on request, and it takes precedence over these terms to the extent of any conflict about personal data.
How Wingsuit handles personal data generally is described in the privacy policy, which forms part of these terms.

Plans, payment and prices

The Wingsuit Starter plan is really free: no card is asked for, and, exactly as for paying teachers, your data is not sold.
The paid plan is Wingsuit Pro, at £4.50 per month or £49 per year. The total price of a yearly plan is shown before you buy. An organisation pays per seat, at the rates on the pricing page, and every member who is not a billing manager takes a seat. All prices are in pounds sterling. Prices are the total you pay. A2x Development Ltd is not registered for VAT, so no VAT is charged.
Wingsuit Starter and Wingsuit Pro differ in how long deleted boards stay recoverable; the current limits are on the pricing page and in data residency and retention.
A subscription bought on the web is paid by card through Stripe and renews automatically at the start of each billing period until you turn renewal off. There is no minimum term. Your card details are typed into Stripe’s own page and are never held by Wingsuit.
What you are shown before you pay. The plan page sets out what each plan includes. The checkout screen then sets out the total price per billing period, inclusive of any tax, and that it renews until you cancel, which you can do at any time. Beside the button that places the order, which says what you will pay, it says that paying starts your plan straight away rather than at the end of the 14 days, and that cancelling within them refunds the days left in the period. Wingsuit records the exact wording you were shown, the version of these terms it belonged to, and the time.
Your order confirmation. When the order completes, Wingsuit writes a confirmation of it, fixed as it stood on the day: what you bought, its total price and how it renews, how to cancel, your right to cancel within 14 days, who is selling it, and the version of these terms you agreed to. It is kept in Settings → Plan for you to download whenever you want. It is a document rather than a link to this page, because this page changes and the confirmation must not.
Upgrading from Wingsuit Starter to a paid plan charges you at once and starts your billing cycle that day. Other changes of plan, such as moving from monthly to yearly or changing an organisation’s seats, take effect at once, and the difference for the rest of the period is charged or credited straight away. A plan cannot be changed while a payment for it is still outstanding.
If a payment fails, Wingsuit tells you straight away, in the app, and Stripe tries the card again. Your paid plan carries on for 14 days. If the payment has still not gone through by then, the paid plan is paused and your account works to Wingsuit Starter’s limits until it does; the moment it is paid, the paid plan comes back. Nothing is cancelled by a pause, and your boards are not deleted, but while the plan is paused the recycle bin follows Wingsuit Starter’s limits in the data page.
Cancelling takes one step. Settings → Plan on the website has a cancel control, and using it ends the subscription. There is no retention flow, no questions to answer and nobody to email first. The app for iPhone, iPad and Android sells nothing, so it has no cancel control: cancel on the website, or send a clear message to support@usewingsuit.co.uk, which works just as well. Cancelling on the website sends you an email at once confirming that the cancellation has been received; cancelling by email gets a reply that confirms it.
Credit. Wingsuit may put credit on your account, in pence. Credit comes off your next invoices automatically: Wingsuit mirrors it to your Stripe customer balance to do so. It has no cash value, is not exchangeable for money, and goes when the account does.
Codes. Wingsuit may issue codes that give a plan for a period, or credit. Redeem one in Settings → Plan. A code may expire, be limited in number or be withdrawn before it is used, and each account may redeem a given code, or one code of a set issued together, once.
School and college licences. Where an institution buys Wingsuit for its staff, it does so for its organisation in Wingsuit, by the seat: every member of the organisation except a billing manager takes a seat and is on the plan the institution bought, for as long as they are a member and the licence lasts. A licence may also be applied by a rule on the institution’s email domain, so that an account whose verified address is at that domain is on the plan; an unverified address never picks up an institution’s licence. Wingsuit can also give an individual account a plan or a raised limit outright; that costs you nothing, is not a subscription, and can be withdrawn.
Refunds are dealt with in Refunds below, and the 14-day right to cancel in your 14-day right to cancel.

If you are a consumer: your 14-day right to cancel

This section is for consumers, as described at the top of this page, which means every teacher who buys a subscription as an individual. It does not apply where a school, college or other organisation is the buyer.

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have 14 days from the day your subscription is bought to cancel it and get your money back, without giving a reason. The 14 days run from the day the contract is made, not from the day you first use Wingsuit. Changing plan, for example from monthly to yearly, is a new order with its own 14 days, which run from the day of the change; cancelling in that time refunds what the change cost you, less the days you had it.
To cancel, tell A2x Development Ltd clearly before the 14 days are up. You can use the cancel control on your billing screen, or email support@usewingsuit.co.uk, or write to the registered office at the top of this page, or use the model cancellation form below. Any clear statement will do, and the form is not obligatory. Sending it before the deadline is enough, even if it arrives afterwards.
Wingsuit starts your plan immediately, because pressing the pay button, beside a sentence saying that paying starts it now, asks it to. That request is never assumed from the fact that you have used the service.
If you cancel within the 14 days, you pay a proportionate amount for the part of the period you had the plan, worked out from the price you agreed, and the rest is refunded. For example, cancelling on day 7 of a £4.50 monthly plan costs about £1.05 and the remaining £3.45 is refunded. On a yearly plan the proportion is measured against the whole year, so cancelling ten days in leaves you paying roughly 3% of the year’s price.
Inside the 14 days, Settings → Plan offers cancelling immediately as well as at the end of the period. Cancelling immediately ends the subscription there and then and refunds what you paid, less the days you had the plan, automatically; you do not have to ask anyone, and nothing is deducted for making the refund.
Refunds are made within 14 days of Wingsuit being told you are cancelling, using the same means of payment you paid with, with no fee of any kind.
If you cancel on the website, Wingsuit emails your account’s address at once to confirm that it has received your cancellation. If you cancel by email or by post, the reply confirms it.
Nothing here affects your other statutory rights, including your rights under the Consumer Rights Act 2015 to a service carried out with reasonable care and skill.

Model cancellation form

This is the form set out in Part B of Schedule 3 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, with Wingsuit’s details filled in. You do not have to use it: any clear statement of your decision to cancel is enough. Complete and return it only if you wish to cancel the contract.

To A2x Development Ltd, 82a James Carter Road, Mildenhall, Bury St. Edmunds, England, IP28 7DE, support@usewingsuit.co.uk:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate.

If you asked for your plan to begin during the cancellation period, you will pay an amount which is in proportion to what has been performed until you told Wingsuit you were cancelling, in comparison with the full coverage of the contract.

Refunds

If something is wrong with Wingsuit, say so at support@usewingsuit.co.uk. If a paid feature was not provided with reasonable care and skill, or is faulty, not as described, or not fit for a purpose you made known, you can ask for it to be put right. If it cannot be put right, or is not put right within a reasonable time and without significant inconvenience to you, you are entitled to a reduction in what you pay, up to the whole price. That is your right under the Consumer Rights Act 2015, and these terms do not change it.
A refund for cancelling within the first 14 days is paid within 14 days of Wingsuit being told you are cancelling (see your 14-day right to cancel). Any other refund owed to you is paid within 14 days of it being agreed that you are entitled to it. Either way it is paid by the same method you paid with, and no fee is ever charged for making a refund.
Beyond that: if Wingsuit was down or broken for a meaningful part of a period you paid for, email support@usewingsuit.co.uk and the affected part will be refunded without argument. If you simply forgot to cancel and have not used Wingsuit in the period you were charged for, email within 30 days and it will be refunded. Refunding a teacher is better than keeping money they did not mean to spend.
Outside those cases, a mid-period cancellation by you is not pro-rated: your plan simply carries on until the end of the period you have paid for, and then stops. Where Wingsuit ends or suspends your paid account other than for a serious breach by you, the unused part is refunded; see Suspension and termination.

Cancellation, suspension and termination

Outside the 14-day right to cancel, you are responsible for ending your own subscription: one control in Settings → Plan does it. A clear message to support@usewingsuit.co.uk saying you want to stop is also enough, and will be acted on.
Ending a web subscription takes effect at the end of the period you have paid for; you will not be charged again.
Deleting your Wingsuit account is a separate action from ending a subscription, and is done in Settings. Asking freezes the account at once and it is deleted 14 days later; uploaded files follow in the next scheduled sweep, and backups age out of the recovery window. Boards in an organisation’s or a team’s space belong to that space and stay with it. Signing in during those 14 days and choosing Restore puts the account back, though renewal stays off until you turn it on again. Asking also sets a web subscription to stop at the end of the period you have paid for, and it is cancelled outright when the account goes, so you are never charged after it, though it is not itself a request for a refund. Export anything you want to keep first. See data residency and retention.
Your account may be suspended or ended if you seriously break these terms, or if what you are doing materially harms Wingsuit for other people. A failed payment never ends an account: it only pauses the paid plan, as described in Plans, payment and prices. Except where the harm is immediate or fraud or abuse is reasonably suspected, you will be told what the problem is and given at least 14 days to put it right first.
While a paid account is suspended you are not charged, unless the suspension is because of your own breach of these terms: the days it was suspended are refunded, with no fee.
If Wingsuit ends your paid account and you were not seriously at fault, the unused part of the period you have paid for is refunded, with no fee. If it is ended because of a serious breach by you, enough of what you have paid may be kept to cover the loss that breach directly caused, and you will be told how that was worked out.
Whatever the reason, your content is not deleted immediately: you keep at least 30 days to export your boards as portable .wingsuit files, which is free on every plan and is the reason the export exists.
You may stop using Wingsuit and delete your account at any time, for any reason.

Changes to Wingsuit, to prices, and renewals

Changes to Wingsuit. Wingsuit is actively developed, and most changes add to it. A feature may be changed or removed where that is needed for a legal, regulatory or security reason, where it is a minor technical change that does not affect what you can do, or where a feature is used by very few people and keeping it working would hold back the rest. If a feature of a paid plan that you use is removed or materially reduced, you will be told at least 30 days beforehand through the service, and you may cancel before the change takes effect and get back the unused part of what you have paid.
Changes to prices. The price of a plan may change no more than once in any 12-month period, to reflect changes in the costs of running Wingsuit: hosting, storage, payment processing and the services listed on the sub-processors page. Where those costs fall, prices are reduced in the same way. Any increase will not be more than the increase in the Consumer Prices Index over the period since the last change, plus 3 percentage points. You will be given at least 30 days’ notice through the service, stating the new price, the reason for the change and the date it takes effect. You may cancel at any time before that date and pay nothing more; if you have paid for a period in advance, the unused part is refunded. A price change never applies to a period you have already paid for.
Renewals. A monthly plan renews each month and a yearly plan renews each year, until you turn renewal off. You can turn renewal off at any time from the billing screen on the website, in one step. Stripe emails a reminder to your account’s email address before each renewal, and a receipt for each payment, on Wingsuit’s behalf.
If the business is transferred. Wingsuit’s rights and obligations under these terms may be transferred to whoever takes over the business. You will be told at least 30 days beforehand and may cancel before the transfer takes effect and get back the unused part of what you have paid; your rights under these terms will not be reduced by the transfer.

Availability, security and privacy

There is no service level agreement and no guaranteed uptime. Wingsuit is run by one person and there will be times when it is slow, or down, or taken offline for work on it. That is taken seriously: current incidents and planned work are published at service status, and notice of planned downtime is given in advance where possible. What is promised, and cannot be taken away, is that Wingsuit will be provided with reasonable care and skill. Please also keep your own copies of anything you cannot afford to lose: exporting a board as a portable .wingsuit file takes a moment and is free on every plan. That is advice about a sensible precaution; it does not reduce what is owed to you if Wingsuit is at fault.
Your account may be temporarily limited if its usage is far beyond what other teachers use and is affecting the service for everyone else. You will be contacted first except where the impact is immediate, and a paid account is not charged for any period during which it is limited.
Data is encrypted in transit, and backups are kept. The security measures in place, and the things Wingsuit has not done (no penetration test, no ISO 27001 or Cyber Essentials certification) are described honestly in the privacy policy. Report a suspected security problem to support@usewingsuit.co.uk.
You agree that Wingsuit may process your data as described in the privacy policy and for no other purpose. The companies that process data on Wingsuit’s behalf are listed at sub-processors.
Where the UK GDPR applies to personal data you put into Wingsuit on behalf of a school or college, the data processing agreement applies to it and prevails over this section.

Features and bugs

Wingsuit is designed with care, based on real classroom experience and on the feedback of teachers who share their time. However, there is no such thing as a service that pleases everybody, and no guarantee is made that Wingsuit will meet every expectation. If you said before you subscribed that you needed Wingsuit for a particular purpose and were told it would do that, then it has to. That is your right under section 35 of the Consumer Rights Act 2015, and these terms do not try to avoid it.

Features are tested before they ship. As with any software, there will be bugs. Reported bugs are tracked and the important ones worked through, especially anything touching security or privacy. Not every reported bug will be fixed, and error-free software is not promised.

Liability

Things that are never limited. Nothing in these terms limits or excludes A2x Development Ltd’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for anything else that the law does not allow to be limited.

If you are a consumer

You have legal rights that these terms cannot take away and do not try to. If Wingsuit is not provided with reasonable care and skill, you can ask for it to be put right (repeat performance) or, if that is not possible or is not done within a reasonable time, for a reduction in what you paid. If a part of Wingsuit that counts as digital content is faulty, not as described, or not fit for a purpose you made known, you can ask for it to be repaired or replaced, or for the price to be reduced. Those are your rights under sections 42, 45, 54 and 56 of the Consumer Rights Act 2015.
If Wingsuit damages your device or your other files because reasonable care and skill was not used, the damage will be repaired at Wingsuit’s own cost within a reasonable time, or you will be paid compensation for it within 14 days, and no fee will be charged for doing so. That is your right under section 46 of the Consumer Rights Act 2015.
Wingsuit is responsible for loss or damage you suffer that is a foreseeable result of it breaking these terms or failing to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen, or if both you and Wingsuit knew it might happen when you started using the service.
Wingsuit is not responsible for losses connected with a business (lost profits, lost revenue, lost business or business interruption) because it is supplied to you for your own use as a teacher rather than for a business.
There is no fixed money cap on what Wingsuit owes a consumer. Where Wingsuit is at fault, it pays for the foreseeable loss.

If you are a business customer

These apply instead of the consumer clauses above where a school, college, trust or other organisation is the buyer, or where you buy for the purposes of your own trade, business, craft or profession.

Wingsuit is not liable for loss of profit, loss of revenue, loss of anticipated savings, loss of business, loss of goodwill, or for any indirect or consequential loss, whether the claim is in contract, tort (including negligence), breach of statutory duty or otherwise.
Wingsuit’s total liability to you for everything arising out of or in connection with these terms or the service, taken together across all claims, will not exceed the greater of (a) the total fees you paid for Wingsuit in the 12 months before the event giving rise to the claim and (b) £500.
That cap reflects the price of Wingsuit, the fact that you are asked to keep your own copies of work you cannot lose, and the insurance available to a business of this size. If it is not enough for you, write to support@usewingsuit.co.uk before you buy: a higher limit can be discussed, and may be agreed for a higher fee.
Wingsuit is supplied for use in teaching. It is not supplied for any purpose where its failure could lead to death, injury or environmental damage, and no liability is accepted for use of that kind.

Both

Wingsuit is not liable for loss caused by events outside its reasonable control (for example a failure of your internet connection, or an outage at a hosting or payment provider), provided reasonable steps are taken to prevent and minimise the disruption and to tell you about it. Where such an event stops you using a paid plan for more than 48 hours in a row, you may cancel and the unused part of your current billing period will be refunded.

General

These terms, together with the privacy policy and, where it has been signed, the data processing agreement, set out the agreement about your use of the service. They sit alongside what you have been told about Wingsuit in writing before you signed up, including on the pricing page and the status page: those statements count too, and Wingsuit stands behind them. If you are a business customer, these terms and those documents are the entire agreement and replace anything said beforehand.
If any part of these terms is found to be invalid or unenforceable, the rest continues to apply.
You may not transfer your rights or obligations under these terms to anyone else without permission. Wingsuit may transfer its rights and obligations as described in Changes to Wingsuit, with notice and a right to cancel.
No one other than you and Wingsuit has any right to enforce these terms.

Complaints

If something has gone wrong, email support@usewingsuit.co.uk saying what happened and what you would like done about it. Complaints are answered by the director. You will be told within 30 days that your complaint has arrived; it is then looked into without undue delay, you are kept up to date, and you are told the outcome and what has been done about it. A2x Development Ltd is not a member of any alternative dispute resolution scheme, so if a complaint cannot be settled between us, your route is the courts; see below.

Which law applies, and which courts

These terms are governed by the law of England and Wales.
If you are a consumer, that choice does not take away any protection you have under the law of the part of the United Kingdom where you live that cannot be taken away by agreement. Wherever you live in the UK, the Consumer Rights Act 2015 applies to this contract in the same way.
If you are a consumer, you may bring court proceedings about these terms either in the courts of the part of the United Kingdom where you live or in the courts of England and Wales, where A2x Development Ltd is based. Wingsuit may only bring proceedings against you in the courts of the part of the United Kingdom where you live, so if you live in Scotland that means the Scottish courts, and if you live in Northern Ireland, the Northern Irish courts.
If you are a business customer, the courts of England and Wales have exclusive jurisdiction over any dispute arising out of these terms or their subject matter.

Changes to these terms, and contact

These terms may be changed where that is needed for a legal, regulatory or security reason, to reflect a change to Wingsuit described above, or to make them clearer. You will be given at least 30 days’ notice through the service, and told what the change means for you. If you would rather not accept it, you may cancel at any time before it takes effect and the unused part of what you have paid will be refunded. If you keep using Wingsuit after that date, the new terms apply. The date at the top of this page is refreshed whenever a significant change is made.

Questions about these terms, or about anything else: email support@usewingsuit.co.uk, or write to A2x Development Ltd, 82a James Carter Road, Mildenhall, Bury St. Edmunds, England, IP28 7DE.