Wyngate, Inc.

Wyngate is focused on Insurtech innovation

We believe that a sustainable business enterprise with a social objective is a preferred choice over charity.

We bring extensive technology experience, entrepreneurial enthusiasm and mature business insights.

Managing partners invest their own capital in the ventures they back.

Initial Innovation

Guide / Gandhi General Insurance Limited is Wyngate's focus to establish a formidable general insurance company in the coming decade.

→ Bringing fresh capital into the Indian insurance industry→ Introducing new and innovative approaches in the cost of insurance with effective utilization of new age technology


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Privacy

Effective Date: January 1, 2021We are committed to safeguarding the privacy of our website visitors, product users, and service users. This policy applies where we are acting as a data controller with respect to the personal data of website visitors and users. Wyngate, Inc. (“Wyngate,” “we,” or “us”) respects your rights with regard to your privacy, personal information and any proprietary content that you provide to your account or our software products, including all files, videos, and images (“Content”). This Privacy Policy explains how we collect, store, use, transfer, and retain your information and proprietary content, as well as how you can access and update your information and choices. This Privacy Policy also explains how we interact with third parties, such as online and offline service providers who help us operate our business or provide products and services to you. Certain parts of our websites, products or services may include supplemental privacy notices or in special cases have their own privacy policies. By visiting our websites and using our products and services, you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree, please do not use or access Wyngate websites, products, or services.Personal and Non-Personal Information
We collect both personal information and non-personal information from you through our products, services, and websites, from third parties, and from offline communications.
“Personal information” is information that personally identifies you and allows us to contact you on or offline, such as your name, email address, postal address, telephone numbers, fax numbers, account numbers, and financial information.“Non-personal information” is information that does not identify you as a specific person or allow us to contact you, such as demographic information (geographic location, profession, language preference), technical information (browser, operating system, Internet navigation data), and other similar categories of information.Collection of Information
Information you provide to us. We receive personal and non-personal information from you when you create an account; create login credentials; email, call, or send us postal mail; submit any webform on our website; interact with us through social media platforms; download, activate or access a product or service; or submit a support request.
Website Usage Data: We may process data about your use of our website and services. The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics. This usage data may be processed for the purposes of analyzing and improving our website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.Product Usage Data: We may process data about your use of our products. The usage data may include your length of use, frequency of use, feature selection, file size, file type, and product tier, as well as information about the patterns of your use. We use third party analytics services such as Unity3D Analytics to help us analyze how users use the product and enhance your experience. Where required by applicable law, the basis for this processing is consent.Account Data: We may process your account data. The data may include your name, email address, industry, company name, location, and your access to hardware. The source of the account data is you or your employer. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.Enquiry Data: We may process information contained in any enquiry you submit to us regarding goods and/or services. The enquiry data may be processed for the purposes of offering, marketing, supporting, and selling relevant goods and/or services to you. The legal basis for this processing is consent.Customer Relationship Data: We may process information relating to our customer relationships, including customer contact information. The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships.Transaction Data: We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website. The transaction data may include your contact details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website, products, and business.Notification Data: We may process information that you provide to us for the purpose of subscribing to our email notifications, newsletters, and/or product education campaigns. The notification data may be processed for the purposes of sending you the relevant notifications, articles, tips, and/or newsletters. Where required by applicable law, the basis for this processing is consent.Supplemental information. We may supplement personal information you provide to us or that we collect from you with information from third-party sources that we deem credible. These may include ZoomInfo (https://www.zoominfo.com/about-zoominfo/privacy-center), and Hubspot (https://legal.hubspot.com/privacy-policy). This usage data may be processed to ensure our records are accurate, to personalize our marketing efforts or to customize or enhance products or services offered to you. Where required by applicable law, the basis for this processing is consent.Cookies and other automatic data collection tools. When you access our websites and services through a browser, application, or other client, or when you communicate with us through e-mail or webforms, our servers automatically collect and record certain information. These tools help make your visit to our website easier and more efficient by recognizing you when you return and providing you with a customized experience. Wyngate and its service providers may use automatic data collection tools such as cookies, embedded web links, and other technologies to collect information. These data collection tools collect standard information from your browser such as browser type, browser language, and the website address you came from when you visited our website. They may also collect information about your Internet Protocol (IP) address, navigation data (such as the pages you view and the links you click), and the date and time of your visit or request. You can read the full policy on our websites.Payment Information. We use a third-party payment processor, Stripe, to handle all payments made by you. Wyngate does not collect, store or process credit card information. Like all third-party service providers, our payment processor vendor is independently responsible for the personal information you share and while Wyngate has chosen partners with trusted security and compliance practices, we cannot guarantee that our payment processor will be error-free. You can find information about the payment services providers' privacy policies and practices at https://stripe.com/us/privacy/.Children's Privacy. We do not knowingly collect any personal information from children aged 12 years old and under. In some jurisdictions, notification, prior written permission or other verifiable parental consent may be required of a parent or guardian for children from 13 to 17 years of age to provide information to us.Use of Information and ContentWe may use your personal information in the following ways:to deliver a product or service you have requested.to contact you.to provide you with product registration, activation, and customer support.to allow you to create an account and log-in credentials, personal profiles and upload or share Content.to conduct surveys in order to provide better products and services to you.to send you information about Wyngate, our products and services, targeted marketing, and promotional offers, subject to your communication choices.to send you information from other companies about their products and services, subject to your communication choices.to send you operational communications, product or service notices communicating actions you should take regarding a product or service.to allow you to use a “tell a friend,” “forward to a friend,” or similar features that forward information you select to another individual. Note that if you invite or are invited to use Prospect, Wyngate typically stores all invitee contact name and email address, however in all cases Wyngate will use referral email address and contact name (if applicable) for the sole purpose of sending a onetime email on your behalf.to customize and improve our products, services, content, and marketing.to personalize your overall experience with Wyngate, our websites, products, and services.to ensure the use of our products and services is licensed and in compliance with applicable law.to send push notifications to your mobile device to communicate with you about our service. You can choose to disable such notifications via the settings in the app at your discretion.for any related purpose that you would reasonably expect, such as general administrative functions.We may aggregate personal information in a manner that makes it non-personal information, removing portions of the information that identify you as a specific person. For example, we may aggregate the zip code information of our customers to better understand the usage of our products and services. We may use aggregated or other non-personal information for any purpose, including sharing it with third parties. If we combine personal information with non-personal information, we treat the combined information as personal information.Security
It is our policy to protect your Content and personal information against unauthorized access or release. However, we cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet, and any information you transmit to us you do at your own risk. We recommend that you use unique numbers, letters and special characters in your password and not disclose your password to anyone. If you do share your password or personal information with others, you are responsible for all actions taken in the name of your account. If your password has been compromised for any reason, you should immediately notify Wyngate at support@Wyngate.com and change your password.
In addition, we have procedures that limit Wyngate’s employees and contractors’ access to personal information. Only those employees and contractors with a business reason to know have access to such information. Our Corporate Data Protection Policy lays out strict requirements for processing personal data pertaining to customers, prospects, business partners and employees. It meets the requirements of the European Data Protection Directive and ensures compliance with the principles of national and international data protection laws in force all over the world.Sharing of Personal Information and Content
We may share your Content and personal information within Wyngate for purposes of data processing or storage and to guide decisions about products, services, and communications. We do not rent, sell, or otherwise disclose your Content or personal information to third parties, unless we have your permission to do so or except under the following circumstances:
Authorized Third Parties. We may share your Content and personal information with business partners, service providers, vendors, licensees, and other authorized third-party agents or contractors who help us with our business operations, including the storage and processing of personal information for the uses listed in this Privacy Policy (“Authorized Third Parties”). We require that Authorized Third Parties to agree to implement reasonable safeguards to protect the Content and personal information, and to use the personal information only for the purposes for which it was provided.Compliance with law. We may disclose your Content and personal information to comply with applicable laws, legal processes, subpoenas or court orders, and/or to establish or exercise our legal rights or defend against legal claims, or as otherwise required by law (including laws outside your state or country or other jurisdiction of residence).Enforcement of rights and protection. We may disclose Content and personal information and other information available to us when we believe, in our sole discretion, disclosure is necessary or appropriate in order to investigate, prevent, or take action regarding: illegal activities; suspected fraud; intellectual property protection matters; threats to the safety of any person; violation of our terms of service or end user license agreements. Please refer to our Copyright Policy in our EULA for more information on how we handle allegedly infringing Content.Merger, acquisition, bankruptcy and other transactions. If Wyngate should merge with another company, file for bankruptcy, or sell or reorganize some part or all of its business, we may disclose your personal information to prospective or actual purchasers. We may also share personal information about you with our lawyers, accountants, bankers, consultants and other advisors in connection with such transactions.If you publicly share or post any of your Content or personal information, please remember that the information you provide may be made available to others, and can be accessed and read by other users. Wyngate has no responsibility for any Content or information you disclose in any public forums.If we intend to post comments, endorsements or reviews which contain your personal information, we will ask your permission before doing so.Transfer of personal information
We (or an Authorized Third Party) may internally transfer, use, process, and store personal information about you in the United States or other countries. If you are located in the European Union or other jurisdictions with laws governing data collection and use, please note that by providing your personal information you are agreeing to the transfer of your personal information to the United States to Wyngate, Inc. or its Authorized Third Parties and to other countries where Wyngate, and Authorized Third Parties acting on our behalf operate, and to the use, processing and storage of such information as described in this Privacy Policy. Privacy protections vary from jurisdiction to jurisdiction and may not be as strong as the privacy laws of your country.
We have offices in the United States. The European Commission has made an “adequacy decision” with respect to the data protection laws of this country. Transfers to the United States will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-

Retention and deletion of Content and personal
information
We will retain Content and personal information about you only as long as we need it to honor your choices, fulfill the purposes described in this Privacy Policy, or as required or permitted by applicable law. We may take reasonable measures to destroy or permanently de-identify personal information in a secure manner when it is no longer required.
Once you cancel your account or subscription, you will have access to your account and Content for the remainder of the term of your cancelled subscription, and any authorized users of your account will also be able to view Content you have shared with them. Once the subscription term has terminated, you will no longer have any access to your account or Content, however, Wyngate may retain your Content and account information unless you contact us at support@wyngate.com and request full deletion of your account. We will not share your Content or personal information (except as provided by this Privacy Policy), but your information will stay on our servers unless you contact us as indicated above.Third party sites
We may offer links to third party sites or provide social media features through our products, services, and websites that allow you to share information with your social networks and to interact with Wyngate on social media platforms. Your use of these other sites and platforms may enable them to collect data from you and place their own files on your computer (including cookies and other data collection technologies). Wyngate does not control third party sites and is not responsible for the privacy practices of third parties. You should review the privacy policies and settings of all websites or services that you visit.
Preferences, choices, and rights
Please help us ensure the personal information we maintain about you is accurate, complete and up to date. You may have the right under applicable laws to access the personal information that Wyngate keeps for you, on request to Wyngate, except in certain limited circumstances (for example, where an applicable law requires us to deny such access).
You can use the links provided below or contact us by email or postal mail to request access to your personal information.Account profile. Wyngate provides a single sign in account that enables you to sign in to access multiple Wyngate applications. You can access and update your Wyngate account profile by logging in and following the online instructions.Marketing preferences. You can access and update our personal information and preferences, or unsubscribe from Wyngate marketing communications, using the unsubscribe instructions in communications you receive. Note that you will still receive certain communications regarding your account and the Wyngate products that convey information about our services, and you cannot opt out of such communications as they are necessary to provide our products and services.CA Residents. California residents may choose to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes or choose to opt out of such disclosure. Our policy is not to disclose personal information collected online to a third party for directing marketing without your approval. To make a request or to opt out at any time, please contact us info@Wyngate.com. It is important to note that this opt-out does not prohibit disclosures made for non-marketing purposes.Your rights if you are an individual within the European Union (EU). In this section, we have summarized the rights that you have under the General Data Protection Regulation (GDPR). Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.Your principal rights under data protection law are:the right to access;the right to rectification;the right to erasure;the right to restrict processing;the right to object to processing;the right to data portability;the right to complain to a supervisory authority; andthe right to withdraw consent.You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.To the extent that the legal basis for our processing of your personal data is:consent; orthat the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.You may exercise any of your rights in relation to your personal data by written notice to us using the contact information below.Privacy Policy updates
We reserve the right to change this Privacy Policy from time to time at our sole discretion, consistent with applicable laws. We will post the most recent revision date at the top of this Privacy Policy.
If we make material changes to our Privacy Policy, we will notify you by placing a notice on www.wyngate.com and/or by sending you a notice to the email address (if any) we have on file for you. We may supplement this process by sending notices through our products and services and on other Wyngate websites. The revised Privacy Policy will supersede and replace any previous privacy policies or statements effective as of the date on which it is posted. You should periodically check www.wyngate.com and this Privacy Policy for updates.Contact Us
You can contact us via email at support@wyngate.com. Please include your contact information, the name of the Wyngate website, product, communication, or other service about which you are contacting us, and a detailed description of your specific request. We will comply with your request as soon as reasonably practicable.
Our Data Protection Officer can be reached at support@wyngate.com.

Terms of Service

THESE TERMS AND CONDITIONS (THE “AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU AND WYNGATE, INC., AND ITS AFFILIATES (“WYNGATE” “US,” “OUR” OR “WE”), THE OWNER AND OPERATOR OF OUR WEBSITE (THE “SITE”), THE SOFTWARE WE PROVIDE (THE “SOFTWARE”) AND ALL RELATED SERVICES (COLLECTIVELY, THE “SERVICE”). THIS AGREEMENT APPLIES TO ALL VISITORS OR USERS OF THE SITE (“USERS”), AND ALL DEVELOPERS WHO USE THE SERVICE (THE “DEVELOPERS”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND SERVICE.USER INFORMATIONPLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THIS SITE AND SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND BY OUR PRIVACY POLICY(THE “PRIVACY POLICY”), WHETHER OR NOT YOUR ARE A REGISTERED USER OF THE SERVICE. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS THE SITE OR SERVICE.MODIFICATIONS AND CHANGESChanges. We reserve the right at any time and without prior notice, to:Add to, change or remove any part, term or condition of this Agreement;Change the Site or Service, including by eliminating, modifying or discontinuing any content on or feature of the Site or Service, restricting the hours of its availability or limiting the amount of use permitted; orChange any fees or charges for use of the Site or Service, including instituting new or increased fees or charges for the use of the Site or Service or any feature thereof.Notice. We will notify you of changes to this Agreement by changing the “Last Updated” date above, or by providing notice by any other means, including posting a notice that this Agreement has changed on the Site or Service. Your continued use of the Site or Service after such notice constitutes your acceptance of such changes.YOUR ACCOUNTRegistration
You are allowed to access many areas of the Site without registering your details with the Site or the Service. To access certain areas of the Site, and to use the Service, you must register with us through the designated method. Each registration is for a single user only. You may not share your username and password with any other person or persons.
Account Security
All activities that take place under your account are entirely your responsibility and for maintaining the confidentiality of your username(s), password(s), and your account(s). You hereby agree to promptly notify us via email at https://www.WYNGATE.com/contact (https://www.WYNGATE.com/contact) of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site or Service. In addition, you agree to take adequate measures to safeguard your information and account, including exiting from your account at the end of each session. We are not liable for any loss that you may incur as a result of any unauthorized use of your account and password.
Account Information
You understand and hereby acknowledge that you have no ownership rights in your account, and that if you cancel your account (or your account is terminated by us in accordance with this Agreement), we may delete and remove all of your account information from any public area of the Site and from the Service, including but not limited to any application data stored on our servers, including cloud servers. Information may continue to be stored on our servers or retained by third parties as cached copies for the convenience of those entities, but will not be accessible to you after termination of your account.
FEES AND PAYMENTGeneral Terms
Optional paid services are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay WYNGATE the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
Automatic Renewal
Unless you notify WYNGATE before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard. Cancellations will take effect at the end of the billing period in which you request account closure.
Account Usage Limitations
The WYNGATE plans are designed to help you start small, and scale quickly as your app usage grows. Industry standard limits for API calls and push notifications apply. If additional levels of usage limits are required, users may contact us for a custom plan. These limitations are not designed to limit your innovation or complexity of app development. The limits help us contain our costs, and ensure that the platform remains stable for all users in the WYNGATE community.
If you do not pay the fees, including the case of failure of electronic withdrawal, we may suspend or terminate your use of the Service. Also, if you fail to pay the fees due and payable, including the case of failure of electronic withdrawal, you shall be liable for payment of a default penalty at the rate of 14.6% per annum or the highest rate permitted by the applicable governing law, whichever is the lower, on all late payments. To the fullest extent permitted by law, you hereby agree that no refund is available and that even if we refund at our own discretion, such refund will only be in the form of credit for the Service.PERSONAL INFORMATIONAccuracy of Information
You hereby agree to provide and maintain true, accurate,current, and complete information about you and your company, where applicable, as prompted by our registration processes or as required for the use of the Site or Service, or any portion thereof. You hereby acknowledge that, if you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend terminate your account and refuse any and all current or future use of the Site or Service.
Use of Your Information
You also agree that we may store and use any personal information that you provide to us for use in accordance with the Privacy Policy, including but not limited to processing your request or order, billing you for the Service (including charging fees to your credit card), providing the Site or Service, and as otherwise permitted or required under applicable law.
Privacy Policy
You hereby expressly agree that we may use your personal information in accordance with the terms of the Privacy Policy.
LIMITED LICENSESite Information
The term “Site Information” means all information, text, pictures, sound, graphics, scripts, photos, software, designs, design rights, video, data, sounds, music, interactive features, content and the like that is displayed on the Site or Service and any and all other proprietary rights contained therein, including, without limitation, the trademarks, service marks, logos, patent rights, copy rights, other proprietary material, marks or rights, know-how, concept, methods, techniques, ideas and all other intellectual property rights and rights of a similar nature whether registered or capable of registration. Site Information does not include the content generated by the Developer (the “Developer Generated Content”).
Ownership
You hereby expressly acknowledge that we or our licensors own all legal right, title and interest in the Site Information. We reserve all rights not expressly granted in and to the Site, Service and Site Information.
Reservation of Rights
Any rights not expressly granted in these terms are reserved.
DEVELOPER -GENERATED CONTENTUser Policy
You shall also be solely responsible for any Developer Generated Content you submit and the consequences of posting or publishing such information. With respect to any User Generated Content you submit, you agree you will not: (i) submit any content that is copyrighted, protected by trade secret or otherwise subject to any third party intellectual property rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such content and to grant us all of the license rights and other rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) use the Site or Service to harm minors in any way; (iv) impersonate any person or entity, including but not limited to, a representative of us, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site or Service; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or NASDAQ, and any regulations having the force of law; and (ix) collect or store personal data about other Users, other Developers or users who use applications hosted on our servers (the “End Users”).
Removal of Content
We reserve the right to refuse or remove any Developer Generated Content from the Site or Service that we reasonably consider to violate this Agreement or otherwise be illegal or objectionable. Further, if we deem appropriate in our sole discretion, we reserve the right to preserve a record of any Developer Generated Content that we reasonably believe may to be illegally posted or to otherwise violate the law or the rights of a third party, and to turn all or a portion thereof over to law enforcement officials.
Site Monitoring
You hereby acknowledge and agree that we have the right, but not the obligation, to monitor the Site or Service, the Site Information and any Developer-Generated Content that you or any third party transmit or post, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site or Service properly, to protect ourselves, our sponsors, other Users, other Developers, and End Users, and to comply with legal obligations or governmental requests. We also reserve the right to, without advance notice, suspend, block or deny any User or Developer access to the Site, Service or Site Information when in our sole discretion we believe the Developer has violated any of the terms of this Agreement.
CODE OF CONDUCT; IMPROPER USE OF SITE OR SERVICEUse of the Site OR Service
While using the Site or Service (this includes Developer Generated Content), you will not, and will not induce any third party to: (i) use the Site, Service or any of the Site Information in a way that is unlawful, brings harm to us, any other User, any other Developer or End User, or otherwise violates the rights of any party; (ii) use the Site, Service or any of the Site Information in a way that could overburden, or impair the Site or Service (or the networks or systems connected to such); (iii) attempt to disable or circumvent any security mechanisms used by the Site, Service or Site Information, or otherwise attempt to gain unauthorized access to any portion or feature of the Site, Service or Site Information or any other systems or networks connected to the Site or Service, or to any server of us or our third party service providers, by hacking, password “mining”, or any other illegal means; (iv) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site, Service or Site Information; (v) use any device, software, instrumentality or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or Service, or with any other person’s use of the Site or Service; (vi) breach any security measures implemented on the Site or Service or in the Site Information; (vii) track or seek to trace any information on any other person who visits the Site or uses the Service; (viii) use the Site, Service or Site Information for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; or (ix) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to, the Site, Service or Site Information, or otherwise made available to you in connection with the Site, Service or Site Information; or (x) use the Site, Service or Site Information in any manner that otherwise violates this Agreement.
Intellectual Property Rights
As WYNGATE asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to WYNGATE violates your copyright, you are encouraged to notify WYNGATE in accordance with WYNGATE’s Digital Millennium Copyright Act (“DMCA”) Policy. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of Users or Developers who repeatedly infringe the copyrights or other intellectual property rights of WYNGATE or others.
Cooperation with Law Enforcement
We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone who uses the Site or Service in violation of any applicable laws or this Agreement.

COPYRIGHT INFRINGEMENT AND DMCA POLICYNotice of Infringement
If you are a copyright owner or an agent thereof and believe any Site Information or Developer-Generated Content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice to our Designated Copyright Agent (“Designated Copyright Agent”) containing the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright Agent
Our Designated Copyright Agent to receive notifications of claimed infringement is: WYNGATE Copyright Agent legal@WYNGATE.com (mailto: legal@WYNGATE.com) 226 Airport Parkway, STE 320, San Jose, CA 95110, USA. Please send only DMCA notices to our Designated Copyright Agent. If you fail to comply with all of the above requirements of this Section 8, your DMCA notice may not be valid.
AVAILABILITYNo Guarantee
While we endeavor to ensure that the Site and Service continue to be available, we cannot guarantee that the Site or Service will operate or be available without any uninterrupted manner. We shall not be liable if for any reason the Site or Service is unavailable at any time or for any period for any reason.
Downtime or Outage.
Access to the Site or Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. 9.3 Reporting Errors. You may report Site problems and errors by email to https://www.WYNGATE.com/contact-us (https://www.WYNGATE.com/contact-us).
LINKS TO THIRD- PARTY WEBSITESLinks to third -party websites
Links to third party websites on the Site or Service are provided solely for the convenience of its users. If you use these links, you leave the Site or Service and may be subject to the terms and conditions of the third party websites. These third party websites have not been reviewed and we are neither control it nor are responsible for these websites, their content or availability. We do not endorse or make any representations about, any material or content found within or any results that may be obtained by using them. If you decide to access any of the third party websites linked to the Site or Service, you do so entirely at your own risk.
REGULATORY AND LEGAL COMPLIANCEYou shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the Site or Service. WYNGATE reserves the right to terminate your account and to prevent your use of the Site or Service if your account is used to engage in illegal activity or to violate this Agreement.Export Laws
The Service may be subject to United States export controls, and export controls of other jurisdictions. By using Service or content of the Site or downloading any the Software, you warrant that you are not located in any country, or exporting the Software to any person or place, to which the United States, the European Union, Japan, China or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Service any content, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The stipulations in this Section shall survive termination of this Agreement.
Children’s Online Privacy Protection Act (TO THE EXTENT THE LAWS OF THE UNITED STATES IS APPLICABLE)COPPA. You acknowledge that the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501–6508, and the rules promulgated pursuant to such by the U.S. Federal Trade Commission (collectively, “COPPA”) govern the collection of personal information, as defined in Federal Trade Commission (“FTC”) rules, from children under 13 years old, as well as the subsequent use and disclosure of such information, by operators of websites and mobile apps targeted to such children or that knowingly collect personal information from such children.Warranty. You represent and warrant that your application and any associated websites are and will be at all times fully compliant with the current version of the FTC’s COPPA rules. You further acknowledge that your internal practices with respect to the collection, use and disclosure of the personal information of children are fully compliant with COPPA and all applicable privacy laws.COPPA Policies and Practices. You further represent and warrant that you have adopted where applicable policies and procedures as required under COPPA, including but not limited to adoption of a COPPA Privacy Policy, appropriate parental consent and verification mechanisms, data minimization, and parental access and correction procedures.Health Insurance Portability and Accountability Act (TO THE EXTENT THE LAWS OF THE UNITED STATES IS APPLICABLE)HIPAA. You represent and warrant that your application and any associated websites will not collect protected health information, as defined by the Health Insurance Portability and Accountability Act, 45 C.F.R 160 et seq, and the rules promulgated pursuant to such by the Department of Health and Human Services.Financial Services Modernization Act of 1999 (Gramm–Leach–Bliley Act) (TO THE EXTENT THE LAWS OF THE UNITED STATES IS APPLICABLE)GLBA. You represent and warrant that you are not a financial institution as defined by the Financial Services Modernization Act of 1999, and the rules promulgated pursuant to such by the U.S. Federal Trade Commission (collectively, “GLBA”).Warranty. You further represent and warrant that your application and any associated websites will not collect non-public personal information as defined by GLBA, and the rules promulgated pursuant to such by the U.S. Federal Trade Commission.SECURITYYou shall not violate or attempt to violate the security of the Site or Service. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with law enforcement violations.WARRANTY DISCLAIMER YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. ALL SITE INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, OF ANY KIND. YOUR USE OF THE SITE, THE SERVICE AND THE SITE INFORMATION IS ENTIRELY AT YOUR OWN DISCRETION AND RISK, AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, THE SERVICE AND THE SITE INFORMATION. WE, ON BEHALF OF OURSELVES AND OUR PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AND THIRD-PARTY SERVICES PROVIDERS, INCLUDING ANY RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS THEREOF, AND ANY OF THE FOREGOING ENTITIES' RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “WYNGATE PARTIES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION, CONTENT OR SYSTEM INTEGRATION.WE(A) DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED; (B) DO NOT REPRESENT OR WARRANT THAT THE SITE, SERVICE, OR ANY CONTENTS THEREIN, WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, TIMELY, ERROR-FREE OR COMPLETELY SECURE MANNER, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED; (C) DO NOT REPRESENT OR WARRANT THAT THE SITE, SERVICE OR ANY CONTENTS THEREOF WILL MEET YOUR REQUIREMENTS; AND (D) DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, SERVICE OR ANY CONTENT THEREIN, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.Some jurisdictions may not allow the exclusion or limitation of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. In such event, our warranties and conditions with respect to the Site and Service will be limited to the greatest extent permitted by applicable law in such jurisdiction.

LIMITATION OF LIABILITYUNDER NO CIRCUMSTANCES WILL THE WYNGATE PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE OR ANY CONTENT OR SERVICES THEREIN, EVEN IF A WYNGATE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF A WYNGATE PARTY IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, OR ANY CONTENT OR SERVICES THEREIN, THE RELEVANT WYNGATE PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US FOR YOUR USE OF THE SITE, SERVICE AND ANY CONTENT THEREIN; OR (B) THE SUM OF ONE HUNDRED US DOLLARS (USD $100).To the maximum extent permitted by law, under no circumstances will we be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within any third party hyperlinked sites. Some jurisdictions may not allow the exclusion or limitation of incidental, special, consequential, or other damages, so the above limitations or exclusions may not apply to you. In such event, our liability for such damages with respect to the Site and Service will be limited to the greatest extent permitted by applicable law in such jurisdiction.INDEMNITYYou agree to indemnify, defend and hold harmless, WYNGATE, our affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site or Service from and against any and all claims or liability, including costs and attorneys fees, arising from or in connection with your violation of this Agreement and your use of the site or Service. We reserve the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.RIGHT OF ACCESSIn order to use the Site or Service you must be at least 13 years of age or older. You affirm that you are either: (a) at the age of majority under the applicable law and are fully able and competent to enter into and comply with the terms and conditions of this Agreement; or (b) if you are at the age of minor under the applicable law but at least 13 years old, that you have your parent’s permission to enter into this Agreement and are fully able to comply with the terms and conditions of this Agreement.TERMINATIONYou agree that we, in our sole discretion, may terminate your use of the Site or Service, and remove and discard your Developer-Generated Content, for any reason, if we believe that you have or may have violated or acted inconsistently with the letter and spirit of this Agreement. We may also in our sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or Service, under any provision of this Agreement, may be effected without prior notice to you, and acknowledge and agree that we may bar any further access to the Site or Service. Further, you agree that we shall not be liable to you or any third-party for any termination of access to the Site or Service. In the event that we discontinue the Site or Service, we may, at our sole discretion, either (i) continue to provide to you the Service for the have already paid, or (ii) provide you with a refund on a pro-rata basis.LIMITED TIME TO BRING CLAIMWhere permitted by law, you and we agree that any cause of action arising out of or related to the Site or any Site Information must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.ENTIRE AGREEMENT, NOTICE, WAIVER, AND SEVERABILITY.This Agreement constitutes the entire agreement between you and WYNGATE with respect to the subject matter contained herein and supersedes all prior agreements between you and us regarding the subject matter contained herein. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture, agency or other like relationship between you and us or any of the WYNGATE Parties. The failure of us to insist upon performance of any of the terms and conditions of this Agreement, or the waiver of any breach of, or the decision to not exercise any of its rights under, any of the terms or conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, or any other terms and conditions of this Agreement. Any waiver must be in writing and signed by us.JURISDICTION, VENUE: WAIVER OF JURY TRIALThis Agreement and all claims or issues regarding the Site or Service shall be governed according to the laws of (i) the State of California, in the USA, if the server mainly used for the Service which is designated by subscribers to the Service upon subscription and accepted by us (the “Designated Server”) is located in the USA. Any disputes that may arise concerning the formation, interpretation or performance of this Agreement shall be finally settled by arbitration under the Rules of Arbitration of the International Chamber of Commerce in force on the date, in California, the USA, if the Designated Server is located in the USA and you are a US citizen or a US entity. If the above arbitration clause is not enforceable, except in those cases where contractual attribution of jurisdiction is not enforceable on the User or Developer as a consumer, any disputes that may arise concerning the formation, interpretation or performance of this Agreement, shall be brought in the courts of California, the USA, if the Designated Server is located in the United States and you are a US citizen or a US entity, TO THE EXTENT NOT OTHERWISE PROHIBITED BY APPLICABLE LAW, THE PARTIES HERETO AGREE TO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS AGREEMENT WHICH ARE NOT RESOLVED BY ARBITRATION.CONTACT USAny questions or comments about the Site or Service should be directed to us at our contact us link (http://www.WYNGATE.com/contact).