(1) These Terms of Service ("Terms") govern the use of the SaaS platform WingVu (https://wingvu.com, the "Platform") that allows aviation clubs to manage online bookings of trial flights, scenic flight events, and volunteer scheduling.
(2) The platform provider is Benjamin Hübner — WingVu, Neudorfstr. 12, 77791 Berghaupten, Germany ("WingVu" or "Provider").
(3) The customer is the legal entity (e.g. registered club) or the natural person authorised to represent the club that creates a tenant via the online registration form ("Club" or "Customer").
(4) Customer terms shall not apply unless WingVu has explicitly agreed in writing.
(1) Registration is done via the online form at https://wingvu.com/register. By registering, the customer confirms being authorised to represent the club.
(2) The contract is concluded only upon successful verification of both mandatory contact channels: (a) confirmation of the e-mail address by clicking the confirmation link, and (b) verification of the mobile phone number via the SMS code.
(3) Upon conclusion, a free 30-day trial period begins. No payment is due during the trial.
(4) By selecting a paid subscription (see § 4) the contract is extended accordingly.
(1) WingVu provides the Platform as a browser-based, hosted service. The Club receives a dedicated subdomain ({slug}.wingvu.com).
(2) The functional scope follows the current feature description at https://wingvu.com. WingVu continuously improves the Platform; non-essential features may be discontinued if an equivalent replacement is provided.
(3) WingVu aims at an average uptime of 99 % per calendar year, excluding announced maintenance windows and force-majeure events. No hard SLA is given.
(4) Maintenance is, where possible, performed outside the main booking hours and announced at least 48 hours in advance via e-mail.
(1) After the trial period, use of the platform becomes subject to a fee. The prices are those shown in the checkout flow; currently 0.01 € per month or 0.01 € per year (plus VAT if applicable; if small-business rules apply, no VAT is charged).
(2) Fees are due in advance for the respective billing period.
(3) Payment is handled via PayPal (credit-card payments are processed via the PayPal checkout). The payment provider is PayPal (Europe) S.à r.l. et Cie, S.C.A., based in Luxembourg. PayPal acts as an independent controller under GDPR for the payment processing; see § 10.
(4) In case of payment default, WingVu is entitled to suspend access to the Platform after a reminder and a grace period of 14 days. Existing data is preserved pursuant to § 8.
(1) WingVu targets 99 % availability per calendar year, measured at https://wingvu.com and at the respective Club subdomain. Excluded are: announced maintenance windows, force-majeure events (e.g. large-scale power outages at the hosting provider, DDoS attacks), and disruptions outside WingVu's sphere of responsibility.
(2) Maintenance is, where possible, scheduled on weekdays between 22:00 and 06:00 (Europe/Berlin).
(1) WingVu's liability is unlimited:
(2) In case of slightly negligent breach of essential contractual obligations ("cardinal duties"), liability is limited to the foreseeable, contract-typical damage; per damage event capped at twelve times the monthly fee (or for annual plans: 1/12 of the yearly fee × 12).
(3) Otherwise, liability for slight negligence is excluded.
(4) WingVu performs daily backups; in case of data loss for which WingVu is responsible, the latest backup is restored. The required effort is considered contract-typical damage in the sense of (2).
(5) WingVu is not liable for:
(1) The contract starts upon conclusion (§ 2 (2)) and runs for an indefinite period. During the trial, the contract can be terminated at any time without notice or reason by deleting the account.
(2) The monthly plan can be terminated with zero days notice to the end of the current billing month.
(3) The annual plan runs 12 months from start and renews automatically for another 12 months unless terminated at least 4 weeks before the renewal date.
(4) The right to extraordinary termination for cause remains unaffected.
(5) Termination is made via the self-service area (/admin/settings/subscription) or by e-mail to support@wingvu.com.
(6) After termination, all personal data of the Club is deleted from the live database within 30 days; backups expire within their regular rotation (max. 90 days). During the 30-day window the Club may request a data export.
(1) Personal data is processed pursuant to GDPR and German BDSG. For details see the privacy policy.
(2) The Club is the controller under Art. 4 (7) GDPR for personal data of its members, guests, volunteers and pilots. WingVu is the processor under Art. 28 GDPR.
(3) The processor's obligations are governed by the Data Processing Agreement (DPA), which becomes part of these Terms upon conclusion of the contract.
(4) The Platform is hosted at Hetzner Online GmbH (Falkenstein, Germany). A full list of sub-processors is given in the DPA.
(1) Payments between Club and end customers (e.g. flight bookings) as well as the platform subscription fee are processed via external payment providers (currently PayPal; optionally Stripe). The payment providers act as independent controllers under GDPR and conclude their own contract with the Club (e.g. PayPal business account).
(2) WingVu transmits to the payment providers only the data necessary for the transaction (amount, purpose, club identifier, payer e-mail if applicable). Account or full credit-card numbers are never transmitted to or stored by WingVu.
(3) Data breaches or service disruptions at external payment providers are not WingVu's responsibility. Any damages must be claimed directly against the respective provider; see § 7 (5).
(1) WingVu may change these Terms if required by legal or jurisprudential changes, technical needs, or for adaptation of platform functionality.
(2) Planned changes are announced at least 6 weeks before they take effect, via e-mail to the contact address on file.
(3) The Customer may object to the changes within those 6 weeks; in that case the contract ends at the change effective date without further declaration. Without objection the new Terms are deemed accepted; this legal consequence is highlighted in the change notice.
(1) German law applies to disputes arising from this contract, excluding the UN CISG.
(2) If the Customer is a merchant or has no general place of jurisdiction in Germany, the place of jurisdiction is Berghaupten.
(3) Should any provision of these Terms be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by the effective regulation that best reflects the parties' economic intention.
(4) There are no oral side agreements. Amendments to this contract require text form (e-mail is sufficient).