Preamble and legal notice

The present General Conditions of Use and Sale (GCUS) apply to the software distributed on the Website www.wingup.com.


In accordance with article n°6 of Law n°2004-575 of 21 June 2004 for confidence in the digital economy, the persons in charge of this Website www.wingup.com are :


Website editor :


The Wingup company - Carnel Sébastien


Head office : 12 rue Bourbon Frétoy, 60380 Grémévillers, France

Email : s.carnel@wingup.com

Phone : +33 (0)6 14 51 27 99

Registration number in the Beauvais Trade and Companies Register: 912 933 645


Website host :

The OVH company

Head office: 2, rue Kellermann, BP 80157 59053 ROUBAIX Cedex 1, France

Email : support@ovh.com

Phone: +33 (0)8 203 203 63

Registration number in the Lille Trade and Companies Registry: B 424 761 419


Article 1: Glossary

In the present CGUV :

- The term "Wingup" refers to the company Wingup - Carnel Sébastien

- The term "Website" refers to the Website www.wingup.com.

- The terms "you" or "your" designate the user of the Website.


Article 2: Purpose of the present CGUV

The present CGUV govern your use of the Website, and apply regardless of your type of subscription (Basic, Technical, Premium).

The use of the Website implies your unreserved acceptance of these CGUV.

The present CGUV can be modified at any time, with or without prior notice, by the publication of a new version on the Website.

Wingup reserves the right to take legal action against any person who does not comply with these GCUS.


Article 3: Description of Wingup services

On the Website, you can:

- evaluate the performance of your racing pigeons

- monitor the evolution of the performance of one or more racing pigeons

- compare racing pigeons with each other on the basis of their performance

- generate Smart Pedigrees, based on genetic fundamentals, and highlighting the performance of the racing pigeons

- save time with a quick and easy pedigree creation tool Wingup reserves the right to maintain, modify, or make the Website inaccessible, in whole or in part, without notice.


Article 4: Characteristics of subscriptions

To use Wingup services, you must register on the Website. You will then be able to choose between a free offer (Basic subscription), or two paying offers (Premium and Technical subscriptions).


Article 5: Payment of subscriptions and cancellation conditions

Technical and Premium subscriptions are subject to an annual or monthly subscription.

Payment is made exclusively online, via PayPal.

By default, your subscription is automatically renewed on its anniversary date, either every year or every month, depending on the subscription you have chosen.

From the "Manage my subscription" tab, you can cancel the automatic renewal of your subscription. You will continue to have access to Wingup services for the duration of your current subscription, which will not be renewed at the end of your subscription. You can also change your subscription at any time on the Website.

When you benefit from the Technical Pack and you switch to the Premium Pack, the amount you are charged is calculated on a pro rata basis of the amount already paid for the current period.

For after-sales service, you can contact Wingup at the following email address: s.carnel@wingup.com.


Article 6: Right of withdrawal

When you subscribe to Wingup, you benefit from your subscription instantly.

By virtue of article L121-21-8 of the Consumer Code, the right of withdrawal does not apply to contracts concluded through automated commercial Websites.

Therefore, you cannot retract after having made the payment.


Article 7: Suspension of your account by Wingup

Wingup may suspend your account for valid reasons. In this case, Wingup will not issue any refund for the current period.

The following are considered valid reasons :

- Default of payment

- False declarations or false data

- Non-compliance with the present GCUS

- Any action or behaviour that is detrimental to the proper functioning of the Website or to other users


Article 8: Use of data

The Website collects and saves all the data you provide.

The data relating to your personal identity is used to personalise your experience on the Website. This data will be completely erased from the database when your account is deleted. Only your first and last name will be retained if they are listed in the pedigrees of other users, so as not to delete the origins of their pigeons. Your first and last name may also be used to inform other users of changes and/or claims you have made on the pigeons you share with them in pedigrees. See our Privacy Policy for more information.

All data relating to pigeons or competitions will be retained, even if your account is deleted. Thus, the pedigrees of other users will not be affected by your departure.

When you enter pigeon or competition data, it is stored in the Wingup collective database. This database is participatory and allows everyone to create the most complete pedigrees possible. Thus, Wingup provides you with access to this database to fill in your pedigrees, in exchange for which you agree to make your data available to other users, in the context of the creation of their pedigrees. By using Wingup, you agree that the data you enter may be viewed by other users of the Website.

Furthermore, you grant Wingup the right to store, use and process the pigeon and competition data free of charge and without time limits, even after deleting your account.


Article 9: Your duties and responsibilities

- When creating your user account, all information provided must be accurate. Accounts using a false identity will be automatically suspended, without refund.

- If you are a minor, you must have received explicit permission to register from a parent or guardian of legal age.

- You must notify us immediately in the event that you suspect your account has been impersonated. To mitigate this risk, you should change your password regularly and keep your access details secret.

- Your account is strictly personal and it is forbidden to use it for others, either free of charge or for payment. Likewise, the creation of an account for a group of people is forbidden, whatever the nature of the group (company, association, etc.), unless Wingup agrees in writing.

- It is forbidden to hack, infiltrate or disrupt the Website.

- All data you enter into your account is your sole responsibility.

- Any data entered by another user is their sole responsibility.

- You must behave responsibly when using the Website.

- You must never reprimand, slander, defame, abuse or harass any other user.

- You must only enter reliable and authentic data about racing pigeons and their competitions. Also, the names of the fanciers entered in the pedigrees must be verified and accurate. Random checks will be carried out in order to maintain a smooth user experience on the Website. On this occasion, you may be asked to provide proof of the authenticity of the competition results, such as an official ranking.

- When you claim a racing pigeon on the Website, we grant you the exclusive right to modify the data concerning it. You may be asked to provide proof of ownership and a photo of the pigeon and its ring. The claiming of a pigeon that does not belong to you is forbidden.

- The falsification of the Wingup database is strictly forbidden. Any use that could harm the proper functioning of the Website such as deleting authentic data or adding false data will result in the suspension of your account.

- As soon as you enter the first and last names of a third party on the Website, you guarantee that you have received their prior agreement.


Article 10: Duties and responsibilities of Wingup

- Through the intermediary of these GCUS, Wingup informs the users of the Website of the duties and responsibilities incumbent upon them. Therefore, if a user does not respect these duties and responsibilities, Wingup cannot be held responsible. However, Wingup will do everything in its power to reduce the damage caused by a user to a third party.

- If you are not registered with Wingup, and a user has entered your First and Last Name without your consent, you may send us a written request for deletion, along with a document confirming your identity, by email to the following address: s.carnel@wingup.com. Wingup will then delete this information as soon as possible.

- Wingup may discontinue access to the digital services for an appropriate period of time and for good reason, such as updates to the Website.

- Claims for damages due to service disruptions are excluded, unless Wingup is found liable for such damages due to intent or gross negligence.

- Wingup is not liable for any loss or modification of data by you or other users in the collective database. When a user adds data related to one of your pigeons, Wingup is responsible for informing you by e-mail. In case of disagreement, and after having contacted the user at the origin of the modification, you can contact Wingup by e-mail at s.carnel@wingup.com.

- Wingup is not responsible for any damage caused by a third party who has become aware of your connection data.

- Wingup does not guarantee the accuracy or completeness of the information on the Website.

- Wingup makes regular backups of the database to reduce the risk of data loss. If, despite these security measures, data is lost, Wingup cannot be held responsible.


Article 11: Industrial property and copyright

Any reproduction, in whole or in part, of the Website is forbidden. However, hypertext links to the Website are authorised without specific request.

The Wingup brand was registered in the register of brands of The National Institute of Industrial Property (NIPI) on 28 July 2021 by Mr. Carnel Sébastien and published in the Official Bulletin of Industrial Property n° 21/52 Vol.II of 31 December 2021.

As such, any use of the Wingup brand to compete with Wingup or to harm its activity is prohibited.

The reproduction or modification of the graphic elements belonging to Wingup is prohibited. However, the use of official graphic elements, such as the Wingup logo or other Wingup branded graphics, is permitted as long as these actions do not harm the Wingup business.

The Website is an innovation designed by Wingup and may only be used commercially by Wingup.

By accepting these terms and conditions, you acknowledge Wingup as the inventor of :

- its Wingup Index, allowing the evaluation of sports performance based on race results, or reproductive performance (children's Wingup Index)

- its performance monitoring tool, based on the Wingup index

- its Smart Pedigrees, characterised as follows:

 - in accordance with the importance of the genetic links, the following are displayed: the pigeon, its parents, grandparents, great-grandparents, children and siblings

 - the pedigrees are interactive: within a pedigree it is possible to click on an individual and display his own pedigree

 - pedigrees are connected between users

 - pedigrees are transferable between users

 - pedigrees are based on performance above all, thanks to Wingup's indices

- Its racing pigeon comparison tool, consisting of Wingup indices and Smart Pedigrees

The use of these innovations for the sale of pigeons by pigeon fanciers or professional sellers is allowed as long as it does not interfere with the Wingup business.


Article 12: Applicable law and competent jurisdiction

The present GCUS are governed by French law.

In the event of a dispute over the interpretation or execution of these CGUV, the dispute will be submitted to the competent courts of Beauvais (FRANCE). If certain provisions of the present GCUS are invalid, the other provisions remain valid. In this case, the contracting parties undertake to rectify the invalid provisions.


Premium

119.88€/year or 14.99€/month
  • Wingup Index
  • Smart Pedigrees
  • Importing photos
  • Performance monitoring

Technical

95.88€/year or 11.99€/month
  • Wingup Index
  • Smart Pedigrees
  • Importing photos

Basique

Free
  • Wingup Index
  • Automatic Pedigrees