At a glance

This is the short version. The numbered sections below are the legally binding version. Read both.

Wingmint is software. Your club is your club. We make the platform your flying club uses. We don't decide who gets checked out, what bookings are approved, whether an aircraft is airworthy, or whether you pass the TSA Flight Training Security Program. Your club and your instructor do.
You're pilot in command. Nothing the app shows you overrides 14 CFR § 91.3. You are solely responsible for your decision to fly.
Payments flow through Stripe. When you pay dues or flight charges, your club is the merchant. Stripe processes the payment. Wingmint is not a bank, broker, escrow agent, or merchant of record.
TSA FTSP applies to non-US citizens. If you are not a US citizen or lawful permanent resident, you cannot book training flights until your club completes the TSA screening required by 49 CFR Part 1552. The enforcement happens in software. That is intentional.
No AI training on your data. We do not sell your data. We do not train machine-learning models on your flight history, documents, or messages. See our Privacy Policy.
If you are a CFI, extra rules apply. The Instructor Addendum in Section 10 attaches automatically when your club assigns you an Instructor role or when you self-identify as a CFI. Those extra representations are not optional.
Disputes go to individual arbitration under the AAA Consumer Rules. No class actions. You have 30 days from the day you first accept to opt out of arbitration by emailing legal@wingmint.com from the email on your Wingmint account.
Our liability to you is capped. If something goes catastrophically wrong, the most you can recover from Wingmint is the amount you paid directly to Wingmint in the previous 12 months or $100, whichever is larger. Most members pay their club, not Wingmint — so in practice that's the $100 floor.

If any of those sound unacceptable, don't click the box. If you already clicked the box, you can opt out of arbitration within 30 days — see Section 20.

1. Acceptance

These Member Terms of Service (the “Member Terms”) are a binding contract between you (“you” or “Member”) and Fifth Nine, LLC, an Illinois limited liability company doing business as Wingmint(“Wingmint,” “we,” “us,” or “our”).

You accept these Member Terms by clicking “I agree” (or a comparable button) when you create a Wingmint member account, when you are invited to a club that uses Wingmint, or when you otherwise access the platform. You also accept the Acceptable Use Policy(“AUP”) and the Privacy Policy, each of which is incorporated by reference.

You must be at least 18 years old(or the age of majority in your state, if higher) to accept these Member Terms. If your club enrolls a minor, a parent or legal guardian must accept on the minor's behalf and will be jointly responsible for the minor's use of the Service.

You must be a US person (US citizen, lawful permanent resident, or non-resident in the United States lawfully permitted to receive flight training) or, if not, be in compliance with the TSA Flight Training Security Program described in Section 6.

We log the fact of your acceptance along with the timestamp, the IP address, the user-agent string, the version of the document you accepted, and the identifier of your Wingmint account and club. We retain that record for the life of the Service plus seven (7) years.

2. The Service

The “Service” is the Wingmint platform, consisting of our websites, mobile and web applications, APIs, and related tools. The Service lets your flying club (your “Club”) manage reservations, billing, documents, and operations, and lets you — as a member of that Club — view the schedule, book flights, log flight activity, upload required documents, and pay charges.

We grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Service solely for your legitimate use as a member of a Club that subscribes to Wingmint. That license automatically terminates if your membership in the Club ends, if your Club's subscription ends, or if these Member Terms are terminated.

3. Your Club, not us

Wingmint is not your Club and does not stand in your Club's shoes. We provide the software your Club uses to run itself. We do not:

decide whether to admit you as a member;
determine your dues, initiation fees, or billing rates;
check you out on aircraft or set checkout requirements;
decide whether an aircraft is airworthy or whether a reservation is approved;
enforce your Club's bylaws, operating rules, or standing orders;
employ your Club's officers, instructors, or maintenance personnel; or
act as a fiduciary to you or your Club.

Your relationship with your Club — including your rights as a member, your obligation to pay dues, your access to aircraft, and the handling of complaints — is governed by your Club's bylaws, membership agreement, and operating rules. Those are separate from, and not affected by, these Member Terms.

If you have a dispute with your Club, you must resolve it with your Club. Wingmint is not a party to that dispute, is not required to mediate it, and is not obligated to restrict or alter your Club's access to the Service because of it.

4. Your account

You are responsible for maintaining the confidentiality of your Wingmint account credentials and for every action taken under your account. If you discover unauthorized use of your account, notify us immediately at security@wingmint.com and change your password. We are not liable for loss or damage caused by your failure to safeguard your credentials.

You must provide accurate information when you register, including your legal name, date of birth, citizenship or alien status (as applicable), and the information required by your Club to verify your pilot certificate, medical certificate, insurance coverage, and other qualifications. You must keep that information current.

You may not create more than one member account for yourself in the same Club, share your account with another person, or impersonate another pilot.

5. Aviation Operations Disclaimer

Wingmint is an administrative tool. It is not an aeronautical information service, a weather service, a flight planning system, an air traffic control service, a dispatch service, or an aviation safety system.

You are the pilot in command for any flight you operate. 14 CFR § 91.3 gives you final authority over, and responsibility for, the operation of that aircraft, regardless of anything the Service displays. No output of the Service is a substitute for:

a preflight inspection required by 14 CFR § 91.103;
a current weather briefing from an approved source;
official aeronautical charts, NOTAMs, TFRs, or TAFs/METARs;
approved aircraft flight manuals, maintenance logs, and airworthiness directives;
your Club's checkout, currency, and standing-order requirements; or
the judgment of a qualified certificated flight instructor.

You will not rely on the Service for any safety-of-flight decision. Weather, aircraft status, fuel burn, squawks, Hobbs readings, maintenance due-dates, currency indicators, and similar data in the Service are informational only, may be inaccurate or stale, and are entered by your Club or other members — not by Wingmint.

6. TSA FTSP representations

If you are taking flight training covered by the TSA Flight Training Security Program (49 CFR Part 1552), you represent and warrant that:

the personal information you enter into the Service — including your full legal name, date of birth, place of birth, country of citizenship, alien registration number (if any), and the document photographs you upload — is true, accurate, current, and complete;
any government-issued identification, passport, visa, I-94, or other immigration document you upload is genuine, unaltered, and belongs to you;
you have the legal right to be in the United States and to receive flight training under US law and the terms of your visa (if applicable);
you will complete any TSA-required security awareness training and fingerprint collection when your Club instructs you to do so; and
you understand that the Service will block you from booking training flights until your Club marks your FTSP status as approved, and you will not attempt to circumvent that block.

You acknowledge that your Club — not Wingmint — is the party responsible for FTSP compliance, verification, and recordkeeping under 49 CFR Part 1552. Wingmint is a tool your Club uses to comply.

False statements, altered documents, or attempts to circumvent FTSP enforcement are grounds for immediate suspension of your account, notification of your Club and, if warranted, notification of TSA, the FBI, and any other relevant authority.

7. Acceptable Use Policy

The Acceptable Use Policy is incorporated into these Member Terms by reference and has the same binding effect as any section printed in full below. You may not use the Service in a way that violates the AUP, US aviation law, US export or sanctions law, or any other applicable law.

Examples of prohibited conduct include, without limitation: harassment or threats toward other members, uploading documents that are not yours or are falsified, attempting to disable safety-critical enforcement (such as FTSP blocking or checkout enforcement), reverse engineering the Service, running automated scrapers against the Service, and using the Service to facilitate any flight that you are not legally authorized to conduct.

We may suspend or terminate your access to the Service, without notice, for any violation of the AUP that we reasonably believe creates risk to other members, to your Club, to the public, or to Wingmint.

8. Payments

When you pay dues, flight charges, fuel, instruction, or other amounts through the Service:

Your Club is the merchant of record. You are paying your Club.
Stripe, Inc.and its affiliates process the payment. Your use of the payment feature is subject to Stripe's Services Agreement (Stripe Connected Account Agreement) and Stripe's Privacy Policy.
Wingmint is not a bank, broker, escrow agent, electronic money institution, or money transmitter. Wingmint does not take custody of your funds.
Wingmint is not responsible for refunds, chargebacks, fee disputes, or billing errors between you and your Club. Those are between you, your Club, and (for card transactions) your card-issuing bank.
If you authorize recurring ACH debits from your bank account, that authorization is governed by NACHA rules and by the Stripe agreements referenced above.

If you believe a charge is incorrect, contact your Club first. If the charge was processed in error by the Service, contact us at support@wingmint.com and we will assist your Club in resolving it, but the corrective action — refund, credit, adjustment — is made by your Club, not by Wingmint.

9. Keys and physical access

Some Clubs use integrations such as Keycafe SmartBox to grant physical access to aircraft keys based on an active Wingmint reservation. Those integrations are provided as a convenience. You acknowledge that:

the integration depends on third-party systems that may be unavailable, delayed, or incorrect;
your Club is responsible for maintaining a manual-key fallback procedure; and
an active reservation does not, on its own, certify that you are checked out on the aircraft, current, legally authorized to fly it, or that the aircraft is airworthy — your Club's rules do.

You are responsible for returning keys and securing the aircraft after each flight, per your Club's standard operating procedures.

10. Instructor Addendum

This Section 10 (the “Instructor Addendum”) applies to any Member who (a) is assigned an “Instructor,” “CFI,” or equivalent role by a Club in the Service, or (b) self-identifies as a certificated flight instructor during registration or in an account setting. It applies in addition to, and not in place of, the rest of these Member Terms. You will be asked to separately accept this Instructor Addendum at the time the role is assigned or self-selected; your acceptance is recorded as a distinct event with its own timestamp, IP address, user-agent, and document version.

10.1 Representations

You represent and warrant that:

you hold a currently valid Flight Instructor Certificate issued by the FAA, with the ratings you have represented in the Service, and that certificate has not been suspended, revoked, surrendered, or made subject to an emergency order;
you are current under 14 CFR § 61.197 for any instruction you provide;
you hold the medical certificate (or BasicMed) required for the instruction you are providing;
for any FTSP-covered instruction, you understand your obligations as a “flight training provider” under 49 CFR Part 1552 and you will not begin instruction until the Service and your Club confirm that the student's FTSP status is approved;
you are either a W-2 employee of the Club or an independent contractor acting in your own capacity, and not an employee, agent, partner, or representative of Wingmint; and
you carry professional liability (CFI) insurance sufficient for the instruction you provide, if required by your Club.

10.2 Additional indemnity

In addition to Section 15, you will defend, indemnify, and hold harmless Wingmint and its Representatives (as defined in Section 15) from and against any Loss (as defined in Section 15) that arises from or relates to:

your act or omission as a CFI;
any claim by a student, client, or their representatives (including heirs, estates, and insurers) relating to instruction, endorsement, checkout, recommendation, or sign-off that you provided;
any dispute with an insurer over CFI coverage; or
any breach of your representations in Section 10.1.

10.3 No AI-assisted instruction

You will not rely on any machine-learning output of the Service — including but not limited to squawk summarization, trend analysis, or recommended endorsement language — as a substitute for your own professional judgment. You remain solely responsible for all endorsements, sign-offs, and recommendations.

11. Beta Features

Some Service features are labeled Beta, Preview, Experimental, or similar (together, “Beta Features”). Beta Features are provided on an “as is” basis, may change or be removed at any time, and may produce inaccurate output. Examples at the effective date of these Member Terms include the Wingmint MCP server, AI-assisted squawk summarization, and REST API v1. Your use of a Beta Feature is entirely at your own risk.

12. Your data

Data you enter into the Service — your profile, your uploaded documents, your flight logs, your messages, your payment history — is handled according to our Privacy Policy. In summary:

Your Club is a joint user of that data for its legitimate operational purposes (scheduling, billing, recordkeeping, safety, FTSP).
We act as your Club's processor for that Club-directed data.
We do not sell your data, do not share it with advertisers, and do not use it to train machine-learning models.
If you leave your Club, you may export your personal flight log, document history, and payment history for at least 90 days after departure.

You grant Wingmint a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, process, and create back-ups of your data solely to operate, secure, and improve the Service for you and your Club. That license ends when the data is deleted in the ordinary course described in the Privacy Policy.

13. Warranty disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. WINGMINT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WINGMINT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR ACCURATE; THAT SCHEDULING, MAINTENANCE, WEATHER, OR FTSP DATA SHOWN IN THE SERVICE IS COMPLETE OR CURRENT; OR THAT THIRD-PARTY INTEGRATIONS (STRIPE, KEYCAFE, EMAIL/SMS PROVIDERS, QUICKBOOKS ONLINE, AND OTHERS) WILL FUNCTION AS DESCRIBED. NO AI-GENERATED OUTPUT IS WARRANTED AS ACCURATE, COMPLETE, OR FIT FOR ANY AVIATION OR LEGAL USE.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WINGMINT, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (TOGETHER, THE “WINGMINT PARTIES”) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST GOODWILL, LOST BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE MEMBER TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF THE WINGMINT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE WINGMINT PARTIES TO YOU FOR ALL CLAIMS, IN THE AGGREGATE, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU DIRECTLY TO WINGMINT (NOT TO YOUR CLUB, STRIPE, OR ANY OTHER THIRD PARTY) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED US DOLLARS (US$100). THIS CAP APPLIES EVEN IF A REMEDY IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE AND EVEN WHERE THE UNDERLYING CLAIM IS BASED ON GROSS NEGLIGENCE.

Some US states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in whole or in part. Nothing in these Member Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by a Wingmint Party's gross negligence or willful misconduct.

You acknowledge that the Service is a low-margin product sold to small flying clubs, that Wingmint's fees (and therefore its price to you) reflect this allocation of risk, and that the Service would not be economically viable for Wingmint to provide without this allocation.

15. Indemnification

You will defend, indemnify, and hold harmless Wingmint and its affiliates, officers, directors, employees, agents, suppliers, and licensors (together, the “Representatives”) from and against any and all claims, suits, demands, investigations, liabilities, damages, settlements, judgments, fines, penalties, losses, costs, and expenses — including reasonable attorneys' fees (together, “ Loss”) — that arise from or relate to:

any flight you operate, are a passenger on, or authorize, including any aircraft accident, incident, damage, injury, or death;
your interactions or disputes with your Club, other members, instructors, or third parties;
your breach of these Member Terms, the AUP, or any applicable law — including US aviation, export, sanctions, and TSA laws;
false, altered, or misleading information you entered or uploaded into the Service (including FTSP representations in Section 6);
your violation of another person's rights (including privacy, publicity, intellectual property, and contractual rights); and
your use of Beta Features or of any AI-generated output of the Service.

Wingmint may, at its option, assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with Wingmint's defense. You will not settle any matter without Wingmint's prior written consent.

16. Termination

You may stop using the Service and close your account at any time. Your Club may also remove you from its Wingmint organization in accordance with its own rules — for example, if your membership ends.

We may suspend or terminate your access to the Service, in whole or in part, immediately and without prior notice, if we reasonably believe:

you have violated these Member Terms, the AUP, or the law;
your continued access creates a safety, security, regulatory, or reputational risk to Wingmint, your Club, or the public;
you have falsified FTSP information or attempted to circumvent FTSP enforcement; or
your Club has asked us to do so.

After termination, you may export your personal flight log, document history, and payment history for ninety (90) days from the effective date of termination, subject to our Privacy Policy and any retention required by law or by your Club's FTSP recordkeeping obligations.

Sections that by their nature should survive termination — including Sections 5 (Aviation), 8 (Payments), 12 (Data), 13 (Warranty), 14 (LOL), 15 (Indemnification), 20 (Arbitration), and 21 (General) — will survive.

17. Modifications

We may change these Member Terms, the AUP, or the Privacy Policy from time to time. For material changes — including any change to arbitration, class waiver, limitation of liability, or payment terms — we will:

post the updated document at wingmint.com/member-terms;
notify you by email at least thirty (30) days before the change takes effect; and
require you to click through and accept the new version on your next login.

If you do not accept the new version within thirty (30) days after its effective date, we may suspend or terminate your access. Continued use of the Service after the effective date of a change constitutes acceptance of the change, provided you have been given the notice described above. Non-material changes (typo fixes, clarifications that do not expand your obligations) take effect when posted.

18. Notices

We may give you notice by email sent to the address on your Wingmint account, by in-product notice, or by posting on the Service. Notices from you to Wingmint must be sent by email to legal@wingmint.com with a copy by first-class or certified US mail to:

Fifth Nine, LLC
Attn: Legal
2093 Philadelphia Pike #7272
Claymont, DE 19703
United States

Notices are effective when received (or three business days after postmark, whichever is earlier).

19. Force majeure

Wingmint is not liable for any failure or delay caused by events beyond its reasonable control, including acts of God, earthquake, flood, fire, hurricane, tornado, war, civil unrest, act of terrorism, cyberattack, denial of service, ransomware, government order, health emergency, labor action, power outage, failure of a cloud service provider (AWS, Cloudflare, Vercel, Neon, and similar), failure of a DNS or certificate-authority service, failure of a large language model or AI service provider (OpenAI, Anthropic, Google, and similar), failure of a telecom or internet backbone provider, or any sub-provider failure of any of the above.

20. Arbitration and class waiver

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS HOW YOU CAN RESOLVE DISPUTES WITH WINGMINT AND REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS. YOU MAY OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 20.7.

20.1 Informal resolution first

Before starting an arbitration, you and Wingmint will try to resolve the dispute informally. Send a written notice of the dispute to legal@wingmint.com (or to Wingmint's mailing address in Section 18) describing the claim, the facts, and the relief you want. Wingmint's notice to you will be sent to the email on your account. The parties will attempt in good faith to resolve the dispute within sixty (60) days. Any statute-of-limitations period is tolled during this informal resolution period.

20.2 Individual arbitration

If the dispute is not resolved informally, it will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”), as modified by this Section 20. Arbitration will be conducted by a single arbitrator. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section 20.

The hearing location is determined by AAA under the Consumer Rules and shall be, at your election, (a) in the federal judicial district in which you reside, (b) by teleconference or videoconference, or (c) in Wilmington, Delaware. If the amount in controversy is US$25,000 or less, the arbitration will be conducted by documents only, unless you request an in-person or video hearing under the AAA Rules. For claims of US$10,000 or less, Wingmint will pay AAA filing, administrative, and arbitrator fees in accordance with the AAA Rules.

The arbitrator — not a court — has exclusive authority to resolve any dispute about the formation, scope, enforceability, or interpretation of this Section 20, except for disputes about Section 20.3 (Class Action Waiver), which are resolved by a court.

20.3 Class action waiver

YOU AND WINGMINT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. UNLESS YOU AND WINGMINT AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE AS TO ANY PARTICULAR CLAIM OR REQUEST FOR RELIEF, THEN THAT CLAIM OR REQUEST FOR RELIEF (AND ONLY THAT CLAIM OR REQUEST) SHALL BE SEVERED FROM THE ARBITRATION AND PROCEED IN A COURT OF COMPETENT JURISDICTION UNDER SECTION 21; THE REMAINDER OF THIS SECTION 20 SHALL REMAIN IN EFFECT. THIS CLASS ACTION WAIVER IS NOT SEVERABLE FROM SECTION 20 AS A WHOLE: IF A COURT FINDS THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE IN ITS ENTIRETY, THEN ALL OF SECTION 20 IS NULL AND VOID.

20.4 Batching for mass filings

If twenty-five (25) or more similar demands for arbitration are filed against Wingmint within a sixty (60)-day period by the same or coordinated counsel (“Coordinated Claimants”), the parties agree to the following batching process, which the AAA is directed to apply:

AAA will group the demands into batches of no more than fifty (50), with one arbitrator per batch;
only filing fees and administrative fees for the first batch are due at the time of filing;
the statute of limitations is tolled for all Coordinated Claimants in later batches from the date the first demand was filed;
the parties will participate in a single mediation for each batch before substantive arbitration begins; and
no later batch may proceed until the prior batch's bellwether process under Section 20.5 has concluded.

20.5 Bellwether

In each batch, the parties will select five (5) bellwether cases — three (3) by claimants' counsel and two (2) by Wingmint — which will proceed to arbitration first. The remaining cases in the batch are stayed, with the statute of limitations tolled, pending the bellwether outcomes. After the bellwether arbitrations, the parties will mediate the remaining batched claims for thirty (30) days. Any claimant whose case was not selected as a bellwether may opt out of arbitration and pursue that claim in court within thirty (30) days of the conclusion of that mediation, in which case Section 20.3 shall not bar that claimant's individual court action.

20.6 No class-wide or representative relief in arbitration

The arbitrator has no authority to award relief (including injunctive or declaratory relief) that applies to anyone other than the individual claimant before the arbitrator, except to the extent necessary to provide relief warranted by that individual claimant's claim.

20.7 30-day opt-out

You may opt out of this Section 20 by sending a written notice of your decision to opt out to legal@wingmint.com within thirty (30) days after the date on which you first accept these Member Terms. The notice must include your full name, the email address on your Wingmint account, your Club name, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Wingmint is bound by Sections 20.2, 20.4, 20.5, or 20.6, but Section 20.3 and the jury waiver in Section 20.8 remain in effect to the extent permitted by law. Opting out has no other effect on your use of the Service.

20.8 Jury waiver

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND WINGMINT EACH KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY. THIS JURY WAIVER STANDS ON ITS OWN AND SURVIVES ANY SEVERANCE OR INVALIDATION OF THE OTHER PROVISIONS OF THIS SECTION 20.

21. General

21.1 Governing law and forum

These Member Terms are governed by the laws of the State of Delaware, without regard to its conflicts-of-law rules. Except for disputes that must be arbitrated under Section 20, the parties submit to the exclusive personal jurisdiction and venue of the state and federal courts sitting in New Castle County, Delaware.

21.2 No employment or agency

Nothing in these Member Terms creates an employment, agency, partnership, joint venture, or fiduciary relationship between you and Wingmint. You are a user of a software service, not an employee, contractor, or representative of Wingmint.

21.3 Assignment

You may not assign these Member Terms or any rights under them. Wingmint may assign these Member Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

21.4 Stripe as third-party beneficiary

Stripe is an express third-party beneficiary of the payment-related provisions of these Member Terms (Section 8) and may enforce those provisions directly against you.

21.5 Severability

If any provision of these Member Terms is found unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed — and the remaining provisions shall continue in full force and effect. Section 20.3 is subject to its own non-severability rule.

21.6 No waiver

Wingmint's failure to enforce any provision is not a waiver of its right to enforce that provision later.

21.7 US Government users

The Service is “commercial computer software” and “commercial computer software documentation” under FAR 12.212 and DFARS 227.7202. US Government users acquire only the rights set forth in these Member Terms.

21.8 Export and sanctions

You represent that you are not located in, and are not a national or resident of, any country or region that is subject to comprehensive US trade sanctions, and that you are not listed on any US government list of prohibited or restricted parties.

21.9 Headings and interpretation

Headings are for convenience only. The words “including,” “include,” and “includes” are interpreted as if followed by “without limitation.”

22. Entire agreement

These Member Terms — together with the AUP, the Privacy Policy, any addendum that attaches by your role (including the Instructor Addendum in Section 10), and any invoice or order for Wingmint-direct services — are the entire agreement between you and Wingmint regarding the Service. They supersede any prior or contemporaneous understandings. In the event of a conflict, the order of precedence is: (1) any invoice or order for Wingmint-direct services, (2) the Instructor Addendum (as to Instructors), (3) these Member Terms, (4) the AUP, and (5) the Privacy Policy.

Changelog. v1.0.0 (April 16, 2026): initial publication.