Last Updated: Sunday, November 1, 2026
These Terms of Service (the "Terms") are a legal agreement between you and WingDingos, LLC, an Illinois limited liability company ("WingDingos," "Company," "we," "us," or "our"). They govern your use of:
WingDingos is a small studio that ships early. Most of what we release is a Prototype: something we built because we wanted it, released free or cheaply so other people can use it too. These Terms are written once, for all of them, so you do not have to read a new agreement for each one. Where a particular Prototype needs extra rules, we will post them with that Prototype, and they become part of these Terms.
By accessing or using any of the Services, you accept these Terms. If you do not agree, do not use the Services. You must be at least 18 years old to create an account with us or to accept these Terms; if you are younger, a parent or legal guardian must accept them for you and supervise your use. Some Prototypes are designed to be operated by children under a parent's supervision (see Section 5); in that case the parent is the user for purposes of these Terms.
PLEASE READ SECTION 13 CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. UNLESS YOU OPT OUT WITHIN 30 DAYS, YOU AGREE TO RESOLVE DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION AND YOU WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. If you live in the European Union, the United Kingdom, or another place whose consumer protection law does not permit mandatory arbitration, Section 13 does not take away rights that law gives you.
Prototypes are experimental. They may be incomplete, change without notice, break, or be discontinued at any time. Features, prices, limits, and names may change. We may require you to install updates to keep using a Prototype. We make no commitment to keep any Prototype running, to keep your data in it, or to provide support, maintenance, or migration paths, though we usually try.
Some Prototypes are offered under a private or "stealth" beta with a limited group of people. If you were invited to one, do not share access, invitation links, or non-public details about it without our permission.
Some Prototypes let or require you to create an account. When you do, you agree to give accurate information and keep it current. You are responsible for everything that happens under your account and for keeping your credentials private. Tell us right away at [email protected] if you believe your account has been used without your permission. You may close your account at any time; we may suspend or close it as described in Section 11.
Some Prototypes follow a "bring your own" model, in which you connect your own third-party accounts, API keys, or services. You are responsible for those accounts and for complying with their terms, and you authorize us to use the keys and credentials you provide only to deliver the feature you asked for.
Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable, limited license to use the Services for your own personal, non-commercial use, or for internal business use where a Prototype is plainly built for that.
For downloadable software, including macOS applications we distribute outside the App Store, this license also lets you install and run the software on devices you own or control, in object-code form only. Software we distribute is licensed, not sold. We may sign and notarize our software with Apple or another platform owner so your device will open it; that is a check for malware, not an endorsement by the platform owner, and the platform owner is not a party to these Terms.
Except where a Prototype is released under an open-source license that says otherwise, you may not: (a) copy, modify, or create derivative works of the Services; (b) sell, rent, lease, sublicense, distribute, or otherwise commercially exploit the Services; (c) reverse engineer, decompile, or disassemble the Services, except to the extent applicable law expressly allows it despite this restriction; (d) remove or alter any proprietary notices; (e) use the Services to build a competing product; or (f) access the Services by automated means except as permitted by our robots.txt or an API we publish for that purpose.
We and our licensors own the Services and everything in them, including software, designs, text, drawings, sounds, and trademarks. These Terms do not give you any ownership. All rights not expressly granted are reserved. Public-domain material that we include, such as traditional songs, remains in the public domain; our arrangements, recordings, synthesis, and code are ours.
Most Prototypes are free. Where a Prototype charges money, the price, what you get, and any usage limits will be shown before you pay. Payments are processed by a third-party payment processor; we do not see or store your full card number.
Some Prototypes sell prepaid units such as "credits." Credits are a limited license to use a Prototype in the amount shown. They are not money, have no cash value, cannot be transferred or resold, may expire if the Prototype says so, and are not refundable once used. Unused credits, subscriptions, and one-time purchases are refundable only where the law requires it or where we say so when you buy. If we discontinue a paid Prototype, we will refund unused prepaid amounts or give you reasonable notice to use them.
We may change prices for future purchases at any time. Changes do not affect what you have already paid for.
Some Prototypes, such as Mittens (a macOS app that locks the keyboard, trackpad, and screen into a play scene so a toddler can press anything), are designed to be operated by a young child while a parent or guardian is present. For those Prototypes:
Some Prototypes let you submit, upload, or generate content, such as audio files, text, images, prompts, or settings ("User Content"). You keep ownership of your User Content. You grant us a non-exclusive, worldwide, royalty-free license to host, store, process, reproduce, modify, and display your User Content only as needed to provide the Service to you, to operate and improve the Service, and as otherwise permitted by our Privacy Policy. This license ends when you delete the content or close your account, except for copies in routine backups and for content you shared with others.
You are responsible for your User Content. You represent that you have the rights needed to submit it and that it does not violate Section 7. Where a Prototype processes copyrighted audio or other media you provide (for example, to separate stems), you must have the right to make that use, and the output is yours to use only to the extent your rights in the input allow. We do not claim ownership of the output.
We may remove User Content that violates these Terms or the law, and we are not obligated to keep backups of it.
You agree not to use the Services to: (a) violate any law or the rights of others, including intellectual property, privacy, and publicity rights; (b) upload or distribute malware or anything designed to damage or gain unauthorized access to systems or data; (c) harass, threaten, or harm anyone, or produce content that sexualizes minors or is otherwise harmful to minors; (d) send spam or unsolicited messages; (e) scrape, harvest, or collect information about other users; (f) probe, overload, or interfere with the Services or the networks they run on, or evade rate limits, challenges, or security measures; (g) impersonate any person or misrepresent your affiliation; (h) circumvent payment, credit, or usage limits; or (i) use a Prototype designed for children for any purpose other than a child's supervised play.
We may investigate violations, remove content, limit or terminate access, and report conduct to law enforcement.
If you send us ideas, suggestions, bug reports, or other feedback, you agree we may use it without restriction or payment, and that it is not confidential. Please do not send us anything you consider proprietary.
The Services may link to, integrate with, or depend on third-party websites, platforms, models, and services (such as Apple, Cloudflare, payment processors, AI model providers, or your own connected accounts). We do not control them and are not responsible for their content, policies, availability, or practices. Their terms govern your use of them.
THE SERVICES, INCLUDING ALL PROTOTYPES, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PROTOTYPE WILL CONTINUE TO EXIST. PROTOTYPES THAT USE ARTIFICIAL INTELLIGENCE MAY PRODUCE OUTPUT THAT IS WRONG, INCOMPLETE, OR UNSUITABLE; YOU ARE RESPONSIBLE FOR CHECKING OUTPUT BEFORE RELYING ON IT. SOFTWARE DESIGNED FOR CHILDREN IS NOT A SAFETY, SUPERVISION, OR CHILDPROOFING PRODUCT. IF APPLICABLE LAW REQUIRES WARRANTIES, THEY ARE LIMITED TO 90 DAYS FROM FIRST USE.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINGDINGOS AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOSS OF USE, OR THE COST OF SUBSTITUTE PRODUCTS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF FIFTY U.S. DOLLARS (US$50) OR THE AMOUNT YOU PAID US FOR THE PROTOTYPE AT ISSUE IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE. THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT.
Some jurisdictions do not allow the limitation of liability for incidental or consequential damages, so some of the above may not apply to you.
You agree to defend, indemnify, and hold harmless WingDingos and its members, officers, employees, contractors, and agents from any claim, demand, loss, or expense, including reasonable attorneys' fees, arising out of or relating to your User Content, your violation of these Terms or the law, or your misuse of the Services. We may take over the defense of any matter subject to indemnification, and you agree to cooperate and not to settle any such matter without our written consent.
Please read this Section carefully. It requires you to arbitrate disputes with WingDingos and its members, officers, employees, agents, successors, and assigns (the "WingDingos Parties") and limits the ways you can seek relief.
Any dispute, claim, or controversy arising out of or relating to the Services or these Terms, including their formation, interpretation, or enforceability (a "Dispute"), will be resolved by binding individual arbitration, except that (a) either party may bring an individual claim in small claims court if it qualifies and stays there on an individual basis, and (b) either party may seek injunctive or other equitable relief in court for infringement or misuse of intellectual property. This Section survives termination of these Terms and applies to Disputes that arose before you accepted them. It does not prevent you from reporting issues to government agencies, which may seek relief on your behalf.
Before starting arbitration or a small claims case, the party raising the Dispute must send written notice to the other (to us at [email protected]; to you at the email address on your account, or the address you give in your notice) describing the Dispute and the relief sought. The parties will then meet, by phone or video, in a good-faith effort to resolve the Dispute within 60 days of the notice. If you have counsel, counsel may join, but you must participate personally. This conference is individual to each Dispute; multiple claimants cannot combine conferences without everyone's agreement. Completing this step is a condition of starting arbitration. Limitations periods and filing deadlines are tolled while it is underway.
The Federal Arbitration Act governs this Section. If the Dispute is not resolved within 60 days after notice, either party may start arbitration with JAMS under its then-current Streamlined Arbitration Rules for claims under US$250,000 and its Comprehensive Arbitration Rules otherwise, as modified by these Terms. JAMS rules are at www.jamsadr.com. If JAMS is unavailable, the parties will agree on another administrator or ask a court to appoint one. Hearings will be held by video unless both parties agree otherwise; any in-person hearing will be in Cook County, Illinois, or a location convenient to you if you are a consumer. Fees are allocated under the JAMS rules; if the arbitrator finds a claim or defense frivolous, the arbitrator may award the other side its fees. The arbitrator must follow applicable law, may award the same individual relief a court could, and must issue a written decision. Judgment on the award may be entered in any court with jurisdiction. Arbitration materials are confidential except as needed to enforce an award.
The arbitrator decides all Disputes, including the scope and enforceability of this Section, except that a court decides (a) any Dispute about the class action waiver in 13.5, (b) Disputes about who pays arbitration fees, (c) whether a party has met the conditions in 13.2, and (d) which version of this Section applies.
YOU AND WINGDINGOS AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR MASS ACTION OR ARBITRATION, AND THAT BY AGREEING TO ARBITRATE, EACH WAIVES THE RIGHT TO A JURY TRIAL. If a court finally decides that this waiver is unenforceable for a particular claim, that claim alone will proceed in the state or federal courts in Cook County, Illinois, and the rest stay in arbitration. This does not prevent participation in a class-wide settlement.
If 25 or more similar demands are filed against WingDingos by or with the help of the same law firm or coordinated firms within 90 days, the parties agree that JAMS's Mass Arbitration Procedures and Guidelines (and any successor procedures) apply, that demands will be administered in batches of up to 100, with one arbitrator, one set of fees per side per batch, and one award per batch, and that the parties will cooperate in good faith on any further steps the administrator proposes to make the process efficient, such as bellwether proceedings. This does not authorize class, collective, or consolidated arbitration beyond what this paragraph says.
You may opt out of this arbitration agreement by emailing [email protected] within 30 days after you first accept these Terms, with your name, address, and a clear statement that you opt out. If you opt out, the rest of these Terms still apply. If we later materially change this Section, you may reject the change by emailing us within 30 days of the change; the previous version will then apply to you.
If any part of this Section other than 13.5 is found unenforceable, that part is severed and the rest remains in effect. Claims must be brought within the limitations period the law provides.
If you are a consumer in the European Union, the United Kingdom, or another jurisdiction where mandatory consumer protection law does not permit pre-dispute arbitration or class waivers, this Section applies only to the extent that law allows, and nothing in it removes your right to bring claims in your local courts or to the protections of your local law.
These Terms apply while you use the Services. We may suspend or terminate your access, or discontinue any Prototype, at any time, with or without cause or notice. You may stop using the Services at any time. On termination, your license ends and we may delete your account and User Content. Sections 3 (restrictions and ownership), 5 through 13, and 15 through 17 survive.
We respect the intellectual property of others and will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable law. Send notices to [email protected] with: your physical or electronic signature; identification of the copyrighted work; identification of the material claimed to be infringing and where it is on the Services; your contact information; a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner. Knowingly misrepresenting that material is infringing can make you liable for damages under 17 U.S.C. § 512(f). We may terminate the accounts of repeat infringers.
These Terms and any Dispute are governed by the laws of the State of Illinois and the Federal Arbitration Act, without regard to conflict-of-laws rules. Subject to Section 13, the state and federal courts in Cook County, Illinois have exclusive jurisdiction, and you consent to personal jurisdiction there. If you are a consumer outside the United States, you also have the benefit of any mandatory provisions of the law of the country where you live.
Changes. We may update these Terms. If the changes are material, we will post notice on the Site or in the affected Prototype, and where we have your email address we may email you, at least 14 days before they take effect (except changes required by law or for a new feature, which take effect immediately). Continued use after the effective date means you accept the changes. The "Last Updated" date above tells you when these Terms last changed.
Export. The Services may be subject to U.S. export control and sanctions laws. You may not use or export them in violation of those laws, and you represent that you are not on any U.S. government restricted-party list.
Electronic communications. You consent to receive communications from us electronically and agree that electronic notices satisfy any legal requirement that they be in writing.
Open-source components. The Services may include third-party or open-source components under their own licenses, which govern those components. Where we release a Prototype under an open-source license, that license governs the code and these Terms govern any hosted service we run around it.
Entire agreement; assignment; waiver; severability. These Terms, together with our Privacy Policy and any Prototype-specific terms, are the entire agreement between you and us about the Services. You may not assign them without our consent; we may assign them freely. Our failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent needed and the rest remains in effect. Section headings are for convenience. "Including" means "including without limitation." You and WingDingos are independent contractors; nothing here creates a partnership, agency, or employment relationship.
Trademarks. WingDingos, the WingDingos logo, Mittens, and the names and logos of our Prototypes are trademarks of WingDingos, LLC. You may not use them without our written permission. Other marks belong to their owners.
WingDingos, LLC, Chicago, Illinois. Email: [email protected].
Copyright © 2025–2026 WingDingos, LLC. All rights reserved.