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Terms of Use
The agreement governing access to and use of WingCaster.
Last updated: 27 September 2026 · Version 1.0
Agreement
These Terms of Use (the "Terms") are a legally binding agreement between Digiteck Vision W.L.L., a company registered in the Kingdom of Bahrain ("WingCaster", "we", "us", "our"), and the business or professional identified in the account registration ("you", "your", "Customer"). They govern access to and use of the WingCaster platform and all related services through every interface described in Section 4.2 (together, the "Services").
You accept these Terms by clicking "Sign up", "Get started" or an equivalent control, by accepting an Order Form, or by otherwise registering for or using the Services. If you are accepting on behalf of a company, agency or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity. If you do not agree to these Terms, do not register for or use the Services.
Visitors and Invited Recipients (Section 2.6) are bound only by Sections 2.6, 20.3, 20.4 and 23.1, and not by the remainder of these Terms.
These Terms incorporate by reference our Privacy Policy, Acceptable Use Policy, Refund Policy, Cookie Policy and, where applicable, our Data Processing Addendum and any API Terms we publish. Order of precedence in the event of conflict: (1) the Data Processing Addendum, as to the processing of personal data, which an Order Form may supplement but not reduce; (2) an accepted Order Form or enterprise agreement; (3) these Terms; (4) the API Terms, as to Direct Integrations; (5) the other policies. Our payment provider's checkout terms govern the payment transaction only (Section 10.1); app-store terms govern the Application only to the extent stated in Section 4.3; the Security & Trust page describes our practices and is not a contractual commitment unless an Order Form says so.
Table of contents
- Definitions
- Eligibility, registration and visitors
- Accounts, memberships and contact identifiers
- The Services
- Channels and third-party platforms
- Listings, leads and real estate compliance
- Messaging and communications compliance
- AI features
- Credits, packages and fees
- Billing, renewal, non-payment and refunds
- Customer content and data
- WingCaster intellectual property
- Feedback
- Confidentiality
- Data protection and security
- Support and availability
- Beta and early-access features
- Term, suspension and termination
- Data export and deletion on termination
- Warranties and disclaimers
- Limitation of liability
- Indemnification
- Governing law and dispute resolution
- Sanctions and export control
- Notices
- Changes to these Terms
- General
- Contact
1. Definitions
"Account" means a registered account on the Services, together with its Users, Listings, Leads, Credits and settings. An Account is either an Agent Account or an Agency Account (Section 3.1).
"Account Models" has the meaning given in Section 8.3.
"Active Listing" means a Listing whose status is "active" (published or eligible for Casting) in the Services, as distinct from draft, sold, rented, withdrawn or archived. Billing for Active Listings is described in Section 9.2.
"Administrator" means a User whom the Account owner has designated in the Services as authorised to act for the Account, including for billing, membership and closure decisions.
"Agency" means a business — a brokerage, agency, developer, property operator or other entity — that holds an Agency Account.
"Agent" means an individual real estate professional who holds an Agent Account.
"Application" means the WingCaster mobile applications distributed through the Apple App Store, Google Play or other app stores.
"Cast" means the distribution of a Listing from WingCaster to one or more Channels.
"Channel" means any destination or medium through which a Listing or message is distributed or received via the Services, including social media platforms, Portals, messaging platforms, the Directory and public profile pages.
"Contact Identifier" means a phone number, email address, social handle or similar identifier that you register with an Account and through which the Services identify you on a Channel or messaging platform.
"Core Functionality" of a paid Package means the ability to create and maintain Listings, to Cast them to the Core Channels for that Package in your market, to receive and manage Leads, and to access reporting. "Core Channels" are the Channels that an accepted Order Form expressly designates as core for the Package; where no Order Form designates any, the Core Channels are the Directory and the WingCaster-hosted Listing pages. AI Features, beta features and Channels that are not Core Channels are never Core Functionality. (Section 4.9.)
"Credits" means the prepaid units held in an Account's credits wallet and consumed by metered features as described in Section 9.4.
"Customer Content" means Customer Inputs together with Generated Output.
"Customer Inputs" means content, data and materials that you or your Users submit to the Services, including Listings, photographs, videos, descriptions, Lead information, messages, profile information, instructions given to AI Features, and any material uploaded for design generation.
"Direct Integration" means access to the Services through the WingCaster API, webhooks or a connected third-party application, rather than through a WingCaster user interface.
"Directory" means the public-facing WingCaster directory of Listings and professional profiles.
"Generated Output" means captions, descriptions, designs, reports, scores, benchmarks and other material the Services generate from Customer Inputs, excluding the WingCaster Materials embedded in it.
"Invited Recipient" means a person who is not a User and who accesses a gated Web Portal page that a User has shared with them by link or invitation.
"Lead" means a person who has expressed interest in a Listing or in your services through a Channel, together with the contact and interaction information captured by the Services.
"Listing" means a property record created in the Services, including its canonical data, media and status.
"Order Form" means an ordering document — signed, or accepted electronically through any interface of the Services, including an in-app or messaging-channel package selection that the Services record — identifying the Services purchased, the fees and any committed term.
"Package" means a subscription tier or seat bundle offered through the Services.
"Portal" means a third-party property listing website or marketplace to which the Services can Cast Listings.
"Termination Date" means the date on which the Account is closed under Section 18, determined as stated in Sections 18.2 and 18.4, from which the periods in Section 19 run.
"User" means an individual authorised to use the Services under an Account, whether the Account owner, an Administrator or a seat holder.
"Visitor" means a person who accesses public pages of the Services without being a User.
"Web App" means the WingCaster application accessed through a web browser.
"Web Portals" means WingCaster-hosted web pages other than the Web App, including public pages (the Directory, Listing pages, agency and agent profile pages) and gated pages made available to Invited Recipients.
"WingCaster Materials" means the software, models, templates, fonts, design components, documentation, trademarks and other materials we provide, excluding Customer Content.
"Workspace" means the ownership context in which a Listing or Lead is created: an Agent's own Workspace or an Agency's Workspace (Section 11.5).
2. Eligibility, registration and visitors
2.1 Business use only. The Services are offered to real estate professionals and businesses for use in their trade or profession. They are not offered to consumers for personal, family or household purposes.
2.2 Age. You must be at least 18 years old, or the age of majority in your jurisdiction if higher, to register or use the Services.
2.3 Professional standing. Where the law of the market in which you operate requires a licence, registration or brokerage affiliation to market or transact real estate, you represent that you hold it and will maintain it for as long as you use the Services in that market. We may request evidence and may suspend or restrict the Account under Section 18.3 if it is not provided.
2.4 Accurate information. You must provide accurate, current and complete registration information and keep it updated. Registration with false, misleading or incomplete information is a material breach for the purposes of Section 18.
2.5 Refusal. We may decline to open an Account for any person or entity, including where offering the Services would breach applicable law or sanctions.
2.6 Visitors and Invited Recipients. If you access Web Portals as a Visitor or an Invited Recipient, you may view the content for your own information and to contact the professionals shown, and you agree not to scrape, copy in bulk, republish or misuse that content, not to share gated content beyond the persons it was shared with, not to interfere with the Services, and to comply with the Acceptable Use Policy, notice of which is given on each Web Portal page. Our collection of your data is described in the Privacy Policy and Cookie Policy. Content on Web Portals is provided by the professionals who publish it; Section 20.3 applies to you. Sections 20.4 and 23.1 also apply. No other provision of these Terms applies to Visitors or Invited Recipients.
3. Accounts, memberships and contact identifiers
3.1 Account types. An Account is either an Agent Account, held by an individual professional, or an Agency Account, held by a business. Developers, property operators and other businesses register Agency Accounts. An Agent always holds their own Agent Account, including when they work for an Agency.
3.2 Memberships. An Agency may attach Agent Accounts to it by membership. Membership grants the Agency the visibility and controls described in the Services over the Agency's Workspace for the duration of the membership. Membership does not transfer ownership of the Agent Account. Content ownership on membership end is governed by Section 11.5.
3.3 Seats and memberships distinguished. A seat is a User login within one Account. A membership links two Accounts. An Agent attached by membership uses their own Agent Account and remains bound by these Terms in their own right; the Agency is responsible for the fees of its Agency Account and, where its Package so provides, for seats it allocates.
3.4 Contact Identifiers. An Account may register one or more Contact Identifiers. Each Contact Identifier may be bound to only one Account at a time. One phone number per Account is designated the primary number and is used for verification, security notices and billing communications. You represent that you are entitled to use each Contact Identifier you register. If the primary number is lost or reassigned, the Account owner or an Administrator may designate a new primary number through the verification process we provide.
3.5 Users and credentials. You are responsible for all activity under your Account and for keeping credentials, activation codes and bound Contact Identifiers secure. You must notify us promptly at security@wingcaster.com of any unauthorised use. Credentials may not be shared. Accounts may be transferred only through the process we provide.
3.6 Account owner and Administrators. The Account owner is the person or entity identified in the Account record. Where the owner is an entity, it acts through its Administrators. Transfer, closure and change of primary number require the Account owner or an Administrator, verified as we reasonably require. This Section does not limit our rights under Section 18.
3.7 Support access. To provide support, our support staff may need to access your Account. Such access is limited to what is needed to resolve the request and is governed by the Privacy Policy and, where it involves Customer Content, the Data Processing Addendum.
4. The Services
4.1 What the Services do. WingCaster is an operating platform for real estate professionals. A Listing is entered once and distributed to Channels, incoming Leads are captured into one inbox and pipeline, and performance is reported back. The Services are organised as Capture → Cast → Catch → Convert.
4.2 Interfaces. The Services are accessible through the mobile Application, the Web App, the Web Portals, messaging channels and Direct Integrations. Features may differ between interfaces. The same Account, Listings, Leads, rules and entitlements apply whichever interface you use.
4.3 Application and app stores. Use of the Application is additionally subject to the terms of the app store from which you obtained it, including Apple's Licensed Application End User License Agreement for the iOS Application and Google Play's terms for the Android Application. The app store operator is not a party to these Terms and has no obligation to provide support or maintenance. Where an app store's mandatory terms conflict with these Terms as they apply to the Application, those terms prevail to the extent of the conflict. You must keep the Application updated to a supported version.
4.4 Web Portals. Public Web Portals display content you have chosen to make public; gated Web Portals display content to the Invited Recipients you have chosen to share it with. Content on public pages may be indexed by search engines and cached by third parties. Visitors and Invited Recipients are governed by Section 2.6.
4.5 Direct Integrations. Where we make an API, webhooks or connected-application access available: (a) access is by credentials issued to your Account, which you must keep secure and may share only with a connected application you have authorised in the Services; (b) use is subject to the rate limits, versioning and documentation we publish, which we may change on reasonable notice; (c) you are responsible for any third-party application you connect and for its compliance with these Terms; (d) we may suspend credentials that pose a security or stability risk; and (e) the API Terms, where published, apply. You may use Direct Integrations to export your own Customer Content within documented limits. Use of Direct Integrations to replicate the Services, to build a competing product, or to extract content of other Accounts or of the Directory in bulk is prohibited.
4.6 Scope by Package. The features, Channels, seats, Listing allowances and Credit allocations available to you are those of your current Package and any add-ons, as displayed in the Services and your Order Form. Features may vary by market and by interface.
4.7 Free tier. We may offer a free tier with limited features. The free tier is provided as-is, may be changed or withdrawn on 30 days' notice, and is subject to these Terms in full. If no free tier is available when a Package ends, Section 10.10 states what happens to the Account. Retention for an Account on the free tier is described in Section 19.6.
4.8 Markets. The Services are made available in the markets we enable from time to time. Availability of Portals, payment methods, languages and features may differ by market. We make no representation that the Services are appropriate or lawful for use in any market we have not enabled.
4.9 Modification and Core Functionality. We may modify the Services, including adding, changing or removing features. If, during the current billing period, we remove or materially reduce Core Functionality of your paid Package without providing a substantially equivalent alternative, you may terminate the Package and receive a pro-rated refund of prepaid fees for the unused period, calculated daily from the date of your termination notice, or, at your election, an equivalent account credit. This remedy does not apply to: (a) anything that is not Core Functionality; (b) the free tier; (c) a Core Channel affected by a third-party platform's action under Section 5.5, where we restore an equivalent Channel within 30 days; or (d) changes required by law. Sections 5.5, 8.7 and 17 cross-refer to this Section and add no further exception.
5. Channels and third-party platforms
5.1 Third-party platforms. Casting and messaging depend on third-party platforms' availability, policies, APIs and approval processes, which we do not control. Your use of each platform through the Services is also subject to that platform's own terms, which you are responsible for complying with, including Meta's terms and policies for WhatsApp Business and Instagram, and each Portal's listing rules.
5.2 No guarantee of publication. We do not guarantee that any Listing will be accepted, published, ranked or kept live on any Channel. Some Channels accept only drafts, require manual approval, or reject content according to their own rules. Where a Channel reports rejection or removal of a Listing to us in a form the Services can process, we will show that status in the Services. We are not responsible for a Channel's decision.
5.3 Portal posting on your behalf. Where the Services post to a Portal on your behalf: (a) if you hold your own Portal account, you purchase the Portal's slots or credits directly and authorise us to post to them; (b) where the Services offer it, we may pay the Portal's fee on your behalf and deduct it from your Credits. The deduction is the amount the Portal charges us for that posting, converted to Credits at the conversion rate displayed in the Services at the time of posting, including any taxes the Portal charges and, for non-USD Portal fees, at the exchange rate we apply on that day as shown in the Services, rounded to the nearest whole Credit. We add no margin to the Portal's fee. The billable operation is the Portal's acceptance of the posting: if the Portal rejects or does not receive the submission, no Credits are charged (Section 9.4(f)); once the Portal has accepted the posting, the fee is charged and is non-refundable by us even if the Portal later removes the Listing, except that any refund we receive from the Portal is credited back to your wallet and a duplicate deduction for one posting is reversed on request. Where one Cast goes to several Channels, each Channel is charged separately on its own acceptance.
5.4 Connected accounts. When you connect a third-party account, you authorise us to access and act on it to the extent needed to provide the Services. You may disconnect it at any time. Section 19.4 describes content that remains on a platform after disconnection or termination.
5.5 Changes by platforms. If a platform changes, restricts or withdraws access, we may suspend or modify the affected Channel and will use reasonable efforts to notify you and to restore service where possible. Section 4.9 states the only remedy for a Core Channel so affected; Section 21 governs liability.
6. Listings, leads and real estate compliance
6.1 Accuracy of Listings. You are solely responsible for the accuracy, completeness and lawfulness of every Listing, including price, availability, ownership or mandate, dimensions, features, location and media. You must not create or Cast a Listing for a property you are not authorised to market, a property that does not exist, or a property whose details you know or should know are false.
6.2 Mandates and authority. Where the law or customary practice of a market requires an owner's authorisation or a listing agreement before marketing a property, you represent that you hold it for every Listing you Cast.
6.3 Media rights. You must hold all rights needed to use every photograph, video, floor plan and other media you upload, including any consents from identifiable individuals.
6.4 Fair marketing. You must not use the Services to market property in a way that discriminates unlawfully, that misleads, or that breaches advertising, consumer-protection or real-estate regulation in any market where the Listing is Cast.
6.5 Status updates. You must keep Listing status current, including marking a property as sold, rented or withdrawn within a reasonable time after the fact. We may change a Listing's status to inactive where it is reported as unavailable, after notice to you where practicable.
6.6 Directory. By enabling the Directory for a Listing or profile, you authorise its public display, indexing and syndication under the licence in Section 11.3, until you disable it or the Listing becomes inactive.
6.7 Leads. Leads are captured for your benefit and are Customer Content. We do not guarantee the number, quality, identity, accuracy or intent of any Lead. You are responsible for how you contact and treat Leads, including compliance with Section 7 and applicable data-protection and consumer-protection laws.
6.8 Estimates are not appraisals. Price benchmarks, property scores, comparables and similar outputs are automated estimates from available data. They are not appraisals or valuations and must not be represented to any third party as such. Section 8.4 states the general limitations that apply to all Generated Output.
7. Messaging and communications compliance
7.1 Your obligations. When you use the Services to send messages, calls or notifications to any person, you are the sender and are solely responsible for lawful sending, including obtaining and recording any consent required, honouring opt-outs promptly, identifying yourself, and complying with anti-spam, telemarketing and data-protection laws in the recipient's jurisdiction.
7.2 Messaging platforms. Messaging through third-party platforms — including WhatsApp, Instagram, Facebook Messenger, SMS and email providers — is subject to each platform's business messaging policies, which may include template or content approval, customer-service windows, sender quality ratings and volume limits. Templates or content we submit on your behalf may be approved, rejected or paused by the platform; we are not responsible for the platform's decisions. Repeated policy breaches may lead the platform to restrict your Contact Identifier and us to suspend the affected Channel under Section 18.3.
7.3 Prohibited messaging. Unsolicited bulk messaging, purchased or scraped contact lists, deceptive sender identities and messages unrelated to your real estate business are prohibited. The Acceptable Use Policy applies.
7.4 Delivery. Message delivery depends on third-party networks and platforms. We do not guarantee delivery, delivery time or read status.
7.5 Metering. Messaging is metered under Section 9.4.
8. AI features
8.1 Scope. The Services include features that use machine-learning and generative models, including caption and description generation, design generation, price benchmarking, property scoring, Lead qualification, conversational assistance in messaging channels and similar functions ("AI Features").
8.2 Third-party models. AI Features are provided using models from third-party providers, which may change. The providers currently used are listed as sub-processors in the Data Processing Addendum. Data submitted to AI Features may be transmitted to and processed by those providers under contracts that prohibit them from using it to train their models.
8.3 Training. We do not use Customer Content to train or fine-tune machine-learning models, whether ours or a third party's, except: (a) account-specific models or settings that operate solely within your own Account and improve only your results, where the Services describe this and you have enabled it ("Account Models"), which are deleted with your Customer Content under Section 19.2; and (b) the creation of aggregated and de-identified data under Section 11.6, which does not retain your Customer Content.
8.4 Outputs. Generated Output may be inaccurate, incomplete, out of date, non-unique or unsuitable, and is not legal, financial, valuation or professional advice. You are responsible for reviewing Generated Output before you publish it, send it or rely on it, except where Section 8.5 applies.
8.5 Autonomous features. We make available AI Features that act without your review of each output — for example replying to Leads in a messaging channel within the instructions you set — only together with controls in the Services to enable, configure, monitor and pause them. For each such feature: (a) it operates only after you enable it and configure its scope and instructions; (b) you are responsible for monitoring its activity through those controls and may pause it at any time; and (c) you are responsible for its communications as if you had sent them, including any disclosure of automated interaction required by law.
8.6 Restrictions. You must not use AI Features to generate content that is unlawful, infringing, deceptive, discriminatory or that impersonates any person.
8.7 Availability. AI Features may be rate-limited, metered against Credits, changed or withdrawn on reasonable notice where practicable. They are not Core Functionality (Section 4.9), and their unavailability is excluded from any service commitment.
9. Credits, packages and fees
9.1 Packages. Packages are priced per market and displayed in the Services. Prices, allowances and inclusions may vary between markets and may change on renewal in accordance with Section 10.5.
9.2 Per-property fees. Where a Package includes a fee per Active Listing, the fee is charged once per billing period for each Listing that is an Active Listing at any point during that period, at the rate for the Listing's market as recorded on the Listing. A Listing that is deactivated and reactivated within one billing period is charged once. Duplicate Listings of the same property are each charged. Fees are not pro-rated within a billing period. Billing periods are measured in Coordinated Universal Time (UTC). The full-period charge is shown in the Services before you activate a Listing.
9.3 Seats. Seat Packages entitle the stated number of Users. Additional Users require additional seats.
9.4 Credits. Credits are prepaid units purchased in advance or included in a Package and consumed by metered features — including AI Features, publishing, messaging and Portal fees — at the rates displayed in the Services when consumed. The following rules apply: (a) Credits have no cash value and are not a currency, deposit or stored-value instrument; they are a prepayment for Services; (b) Credits are not transferable between Accounts, except that an Agency may allocate its Credits to Agent Accounts attached by membership as the Services permit; allocated Credits keep their original expiry and remain the Agency's for the purposes of refunds; (c) included Credits are consumed before purchased Credits; purchased Credits are consumed oldest first; (d) included Credits expire at the end of the billing period unless the Package states otherwise; purchased Credits expire 12 months after purchase; we will notify you at least 30 days before purchased Credits expire; expired Credits are not reinstated; (e) if your balance is insufficient for an operation, the operation is not performed and you are told what it would cost, unless you have enabled post-paid billing under Section 10.2, in which case the operation proceeds and is billed in arrears up to the spending limit you have set; (f) an operation that fails before the billable event defined for it (for Portals, Section 5.3; for messaging, acceptance of the message by the platform; for AI Features, delivery of the Generated Output) is not charged, and any Credits deducted for it are returned to the wallet with their original expiry, or, if they would already have expired, with a 30-day expiry from the date of return; (g) Credits — including any remaining on closure of the Account — are refundable only as stated in the Refund Policy, subject to Section 10.9.
9.5 Rate changes. We may change metered rates on 30 days' notice through the Services. Rates applicable to a consumption are those in force when it occurs.
9.6 Currency. Unless stated otherwise in the Services for your market, fees are quoted and charged in United States dollars. Where local-currency pricing or payment methods are offered, the displayed local price governs.
9.7 Taxes. Fees exclude VAT, sales tax, withholding and similar taxes, which are added or collected as required by law. Where our payment provider acts as merchant of record, it collects and remits applicable taxes on the transaction.
10. Billing, renewal, non-payment and refunds
10.1 Payment provider. Card and online payments for Packages and Credits are processed by Paddle, which sells the Services to you as authorised reseller and merchant of record under Paddle's Buyer Terms presented at checkout; the Paddle contracting entity depends on your location as stated in those terms. Paddle's Buyer Terms and Refund Policy govern the payment transaction, invoicing, tax collection and Paddle's own refund handling; these Terms govern the Services. Where we offer other payment methods in a market, the terms displayed at checkout for that method apply to the transaction.
10.2 Authorisation. By making a purchase, you authorise the charge for that purchase. By subscribing to a Package, you authorise recurring charges for that Package until cancelled. Automatic Credit top-ups and post-paid metered billing apply only where the Services offer them, only if you enable them, with the spending limit you set, and you may disable or change them at any time.
10.3 Billing period. Packages are billed in advance for each billing period (monthly or annually, as selected). Metered charges above included allowances are deducted from Credits or, where you have enabled post-paid billing, billed in arrears at the end of the period or on closure of the Account.
10.4 Automatic renewal. Packages renew automatically at the end of each billing period for the same period unless cancelled before renewal through the Services or by notice to billing@wingcaster.com. We will notify you at least 30 days before an annual renewal.
10.5 Changes on renewal. We may change a Package's price, or its included Credits, seats, Listing allowances or features, with effect from your next renewal by giving at least 30 days' notice (60 days for annual Packages). If you do not accept the change, you may cancel before the renewal.
10.6 Failed payment. If a payment fails, we will notify you and retry over a period of 7 days. If payment is not received by the end of that period, we may suspend the Account's paid features under Section 18.3 until payment is made. Listings published on Channels may be de-listed. Suspension does not end the subscription or your obligation to pay for the period.
10.7 Reactivation. On payment of all outstanding amounts, we will restore access. Listings de-listed during suspension may need to be re-Cast, and Portal fees may apply again.
10.8 Chargebacks. Contact billing@wingcaster.com before disputing a charge with your bank; most issues are resolved faster that way. If a chargeback is raised for a charge that we reasonably determine was validly incurred and not disputed in good faith, we may suspend the Account under Section 18.3 pending resolution and recover the amount and associated costs.
10.9 Refunds. The general rule is that a subscription fee is not refunded once its billing period has started, and Credits are refundable only as to the unused balance and only as the Refund Policy provides. That rule is subject to (a) the express refund rights in Sections 4.9, 18.2(b), 18.4(a), 20.1, 22.2 and 26; (b) Section 9.4(f); (c) the Refund Policy; and (d) applicable law. Portal fees paid on your behalf are governed by Section 5.3.
10.10 Package cancellation. You may cancel a Package at any time through the Services or by notice to billing@wingcaster.com. Cancellation takes effect at the end of the current billing period; you retain the Package's features until then, after which the Account continues on the free tier if one is offered in your market. If none is, the Account enters export-only access for 30 days under Section 19.1 and is then closed, with that date as the Termination Date. Cancelling a Package does not itself close the Account or delete Customer Content; Section 19.6 describes retention on the free tier.
10.11 Order Forms. Where an Order Form with a committed term has been accepted, it governs the term, minimum commitment, notice period and any early-termination charge, and prevails over this Section 10 and Section 18.4(a) to the extent of conflict. Section 27.8 governs electronic acceptance and records.
11. Customer content and data
11.1 Ownership. As between you and us, you own Customer Inputs. Nothing in these Terms transfers ownership of Customer Inputs to us. Ownership of Generated Output is stated in Section 11.9.
11.2 Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit, display, adapt (for example, resizing media, generating captions or translations, formatting for a Channel) and distribute Customer Content solely to provide, secure and support the Services, to Cast Listings to the Channels you select, to operate Account Models you have enabled under Section 8.3(a), and to produce aggregated and de-identified data under Section 11.6. This licence lasts for as long as the Customer Content is in the Services plus the deletion period in Section 19, and survives thereafter only for copies retained under Section 19.3.
11.3 Public display. For content you make public through the Directory or your profile, the licence in Section 11.2 additionally permits public display, indexing and syndication in the Directory feed to the extent the Services describe, until you make the content private, subject to caching by third parties. This is the sole publication licence; Section 6.6 cross-refers to it.
11.4 Your representations. You represent that you have the rights, consents and authority needed to submit Customer Inputs and grant the licence in Section 11.2, and that Customer Content complies with the Acceptable Use Policy. Section 6 contains your specific representations for Listings.
11.5 Workspace ownership. Every Listing and Lead is created in a Workspace, which the Services record at creation and show to the User. As between an Agency and an Agent: (a) Listings in an Agency's Workspace, and the enquiries, messages and transaction history captured on them, belong to the Agency; (b) Listings in an Agent's own Workspace, and the enquiries captured on them, belong to the Agent; (c) an Agent's profile and the Agent's own contact records belong to the Agent, and a person may appear both in an Agent's contact records and as a Lead on an Agency Listing, in which case each record belongs to its Workspace owner. The default Workspace for a User attached to an Agency by membership is the Agency's Workspace unless the User selects their own. Ownership may be transferred between Workspaces only with the consent of both owners recorded in the Services. When a membership ends, each Workspace's content stays with its owner. The recorded Workspace determines rights between the Agency and the Agent; it does not affect the rights of the Lead or any other third party. We are not a party to arrangements between Agencies and Agents and will apply the Workspace ownership as recorded; disputes between them are for them to resolve.
11.6 Aggregated and de-identified data. We may generate and use statistical, aggregated or de-identified data derived from use of the Services — for example market-level pricing benchmarks, response-time statistics or feature usage — provided that such data does not identify, and is not reasonably capable of identifying, any individual (including you, your Users, Leads and property owners) or any Account. Such data is not Customer Content, and its creation does not retain Customer Content. We act as controller for such data.
11.7 Removal. We may remove or disable Customer Content that we reasonably believe breaches these Terms, the Acceptable Use Policy, a Channel's rules or applicable law, or in response to a valid legal request or takedown notice. We will notify you where lawful and practicable.
11.8 Backups. We perform routine backups for operational continuity. Backups are not a substitute for your own records. Subject to Section 21.3 and to the Data Processing Addendum, our liability for loss or corruption of Customer Content is limited to restoring it from our most recent available backup.
11.9 Generated Output and embedded materials. To the extent rights in Generated Output exist and are ours to grant, they are yours, subject to the rights of third parties in any source data and to the WingCaster Materials embedded in it. Generated Output may be similar or identical to output generated for others, and we grant no exclusivity in it. WingCaster Materials embedded in Generated Output — templates, fonts, design components, icons — remain ours or our licensors' and are licensed to you as part of that Generated Output, including after termination for Generated Output created before the Termination Date, to reproduce, edit, resize, print, publish and distribute it in marketing your properties and business, including through your marketing contractors. You may not extract embedded WingCaster Materials for separate use, resell them, or use them other than as part of Generated Output.
12. WingCaster intellectual property
12.1 Ownership and licence. The WingCaster Materials and the Services are owned by or licensed to us and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business purposes during the term.
12.2 Restrictions. Except as permitted by Section 11.9 or Section 4.5, you must not: copy, modify or create derivative works of the Services or WingCaster Materials; reverse engineer, decompile or attempt to extract source code, models or training data; resell, sublicense or provide the Services to third parties as a service bureau; use automated means to access the Services except through Direct Integrations; remove proprietary notices; or use our name, logo or trademarks without written permission.
13. Feedback
If you provide suggestions, ideas or feedback about the Services, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or attribution. Feedback does not include Customer Content or your confidential information that happens to be included in it, which remain governed by Sections 11 and 14.
14. Confidentiality
14.1 Obligation. Each party will keep confidential any non-public information disclosed by the other in connection with the Services and marked or reasonably understood to be confidential, use it only for the purposes of these Terms, and protect it with at least reasonable care. This does not apply to information that is public through no fault of the recipient, already lawfully known to the recipient, independently developed, or lawfully obtained from a third party without restriction.
14.2 Permitted disclosure. A party may disclose confidential information to its personnel, professional advisers, subcontractors and sub-processors who need it for the purposes of these Terms and are bound by confidentiality obligations no less protective, and remains responsible for them.
14.3 Compelled disclosure. A party may disclose confidential information where required by law or court order, after giving notice where lawful and cooperating to limit the disclosure.
14.4 Customer Content. Your Customer Content is your confidential information, subject to the licence in Section 11 and the Privacy Policy.
15. Data protection and security
15.1 Roles by activity. We act as controller when we process personal data to operate and secure Accounts, to bill, to communicate with you, and to produce aggregated data under Section 11.6, as described in the Privacy Policy. We act as your processor when we process personal data contained in Customer Content on your instructions — including Leads and property owners, your Users' data where it appears in Customer Content, and support or security activity that accesses Customer Content at your request — and the Data Processing Addendum applies. Where one activity serves both purposes, each purpose is governed by its own role, and the Data Processing Addendum records the allocation.
15.2 Data Processing Addendum. Where data-protection law applicable to you (including the EU or UK GDPR, or the data-protection laws of Bahrain, the UAE, Saudi Arabia, Egypt or Lebanon) requires a written processing agreement, the Data Processing Addendum forms part of these Terms.
15.3 Your obligations as controller. You are responsible for having a lawful basis to collect and process personal data of Leads and other individuals through the Services, for providing them with any required notices, and for responding to their rights requests. We will assist as described in the Data Processing Addendum.
15.4 International transfers. The Services are hosted by the infrastructure providers, and in the regions, listed in the Data Processing Addendum. Customer Content may be processed in other countries by our sub-processors listed there, subject to appropriate safeguards.
15.5 Security. We maintain administrative, technical and physical safeguards designed to protect Customer Content, as described on our Security & Trust page. Payment card details are collected and processed by our payment providers, not stored by us. You are responsible for securing your devices, credentials and connected accounts.
15.6 Incidents. We will notify you without undue delay after becoming aware of a personal data breach affecting your Customer Content, in accordance with the Data Processing Addendum.
16. Support and availability
16.1 Support. Support is available through the channels, and during the hours, published in the Services, including email at support@wingcaster.com. Support scope varies by Package.
16.2 Availability. We aim to keep the Services available continuously but do not guarantee uninterrupted availability. Planned maintenance will be notified in advance where practicable. Any service-level commitment applies only if set out in an Order Form.
16.3 Dependencies. Availability of Channels, AI Features and payment methods depends on third parties and is excluded from any availability commitment. This Section addresses availability only; Sections 4.9 and 21 govern remedies and liability.
17. Beta and early-access features
We may offer features labelled beta, preview, early access or similar. These are provided as-is, may be changed or withdrawn without notice, may be less reliable, are not Core Functionality (Section 4.9), and are excluded from support and availability commitments and from the warranty in Section 20.1. Section 13 applies to your feedback on them.
18. Term, suspension and termination
18.1 Term. These Terms apply from the date you first accept them until the Account is closed.
18.2 Termination by you. (a) You may close your Account at any time through the Services or by notice to support@wingcaster.com. Closure cancels all Packages on the Account. Unless an Order Form with a committed term provides otherwise, the Termination Date is the end of the latest current billing period of any Package on the Account or, for an Account with no paid Package, the date of your notice. No renewal or new usage charges arise after the Termination Date; charges accrued before it, including post-paid metered charges invoiced after it, remain payable. (b) If we are in material breach of these Terms and do not cure it within 30 days of your written notice, you may close the Account with immediate effect by a further notice; the Termination Date is the date of that notice, and we will refund prepaid fees for the unused period. Section 19 applies in both cases.
18.3 Suspension by us. We may suspend all or part of the Services, to the extent proportionate to the issue, if: (a) we reasonably believe you or a User is in material breach of these Terms or the Acceptable Use Policy; (b) your use creates a security or legal risk to us, other customers or a Channel, or is reasonably likely to cause a Channel or platform to restrict our access; (c) a Channel or platform requires it; (d) payment is overdue under Section 10.6; or (e) required by law. We will give prior notice and an opportunity to cure where the circumstances reasonably allow, notify you of the reason where lawful, and lift the suspension once the cause is resolved. Fees continue to accrue during a suspension. Where a suspension of the whole Account is later determined to have been caused by our error, we will credit the subscription fees for the suspended period pro rata; a partial suspension is credited pro rata to the affected features as we reasonably determine. No credit is due for a suspension under (c) or (e) or one caused by you or your Users.
18.4 Termination by us. We may close the Account: (a) on 30 days' written notice for convenience, subject to any committed term in an Order Form, refunding prepaid fees for the unused period; (b) for material breach, by a breach notice giving 14 days to cure (or stating that the breach is incapable of cure), followed, if uncured, by a termination notice stating the Termination Date, which may be immediate; (c) immediately if you become insolvent or cease business; or (d) after 30 days' notice, where the Account has had no User activity and no paid Package for 12 months. In cases (a) and (d) the Termination Date is the end of the notice period; in (b) it is the date stated in the termination notice; in (c) it is the date of our notice.
18.5 Effect. On the Termination Date: your licence to use the Services ends, save for the export access in Section 19.1; amounts accrued remain payable; refund rights accrued under these Terms remain enforceable; and Sections 9.4(a), 11.2 (for the period in Section 19), 11.6, 11.9, 12, 13, 14, 15 (for as long as we retain Customer Content), 19, 20.2–20.4, 21, 22, 23, 25 and 27 survive.
19. Data export and deletion on termination
19.1 Export access. For 30 days from the Termination Date (the "Export Period") you retain export-only access to the Account to export your Customer Content in the formats the Services support. Where an Account is closed for security or legal reasons that make self-service access inappropriate, we will provide an assisted export on request, unless prohibited by law.
19.2 Deletion. We will delete Customer Content and Account Models from active systems within 30 days after the end of the Export Period (that is, within 60 days of the Termination Date), and from backups within 90 days after that (that is, within 150 days of the Termination Date), except as stated in Section 19.3.
19.3 Retention exceptions. We may retain Customer Content, limited to what is necessary, where retention is required by law (including billing and tax records for the period the law requires), or where needed to establish, exercise or defend a legal claim. Aggregated and de-identified data under Section 11.6 is not Customer Content and is not deleted under Section 19.2. Content that remains on a third-party Channel is not a reason for us to retain our own copy.
19.4 Third-party Channels. Termination or disconnection does not remove content from third-party Channels. Where the Services support it, you may de-list Listings before the Termination Date; otherwise removal is subject to each Channel's own processes.
19.5 Agency membership end. Section 11.5 governs ownership when a membership ends; this Section 19 applies only to Account closure.
19.6 Free-tier retention. While an Account remains open on the free tier, we retain its Customer Content subject to the free tier's storage and Listing limits shown in the Services and to Section 18.4(d).
20. Warranties and disclaimers
20.1 Our warranty. We warrant that the Services will perform materially in accordance with their documentation and that we will provide them with reasonable skill and care. Your remedy for breach of this warranty is for us to correct the non-conformity or, if we cannot within a reasonable time, to terminate the affected Package and refund prepaid fees for the unused period. This does not limit Section 18.2(b).
20.2 Disclaimer. Except as expressly stated in these Terms or an Order Form, and to the fullest extent permitted by law, the Services are provided "as is" and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement and any warranty arising from course of dealing. The specific qualifications in Sections 5.2, 6.7, 6.8, 7.4, 8.4 and 16.2 form part of this disclaimer.
20.3 Real estate outcomes. We are not a real estate broker, agent, valuer or adviser, are not a party to any transaction between you and any Lead or third party, and have no responsibility for the condition, legality, title or value of any property.
20.4 Mandatory rights. Nothing in these Terms limits rights that cannot be limited by applicable law.
21. Limitation of liability
21.1 Exclusions. To the fullest extent permitted by law, neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, business, goodwill or anticipated savings, arising out of or in connection with these Terms, however caused and under any theory of liability. Loss of Customer Content is addressed by Section 11.8 and the Data Processing Addendum.
21.2 Cap. To the fullest extent permitted by law, each party's total aggregate liability for all claims arising out of or in connection with these Terms in any contract year (each 12-month period from the date you first accepted these Terms) is limited to the greater of: (a) the fees for the Services paid or payable by you in the 12 months preceding the first event giving rise to the claims, whether paid to us directly or through Paddle or another authorised payment channel, excluding taxes and Portal fees passed through under Section 5.3; and (b) USD 100. A claim belongs to the contract year in which the first event giving rise to it occurred; a series of related events is treated as one event occurring on the date of the first of them.
21.3 Carve-outs. Sections 11.8, 21.1 and 21.2 do not apply to: liability that cannot be limited by law; death or personal injury caused by negligence; fraud or fraudulent misrepresentation; your payment obligations; either party's indemnity under Section 22; breach of Section 12.2; breach of Section 14; or a party's wilful misconduct.
21.4 Data-protection liability. Liability for breach of the Data Processing Addendum is governed by that document, which may set a separate cap.
21.5 Basis of bargain. You acknowledge that the fees reflect this allocation of risk.
22. Indemnification
22.1 By you. You will defend, indemnify and hold harmless WingCaster, its affiliates and their officers, directors, employees and agents from and against third-party claims, and the losses, liabilities, costs and expenses (including reasonable legal fees) resulting from them, to the extent arising out of: (a) Customer Inputs, including any claim that a Listing is inaccurate, infringing, unlawful or was marketed without authority; (b) Generated Output to the extent the claim arises from your Customer Inputs, your instructions, or your use of the Generated Output; (c) messages or communications you or your Users send through the Services, including through autonomous features under Section 8.5; (d) your breach of these Terms, the Acceptable Use Policy or applicable law; or (e) use of the Services through your credentials by a person you authorised or whose access resulted from your failure to secure them. This indemnity does not apply to the extent a claim results from our breach of these Terms, our negligence or our wilful misconduct.
22.2 By us. We will defend you against any third-party claim that the Services or WingCaster Materials, as provided by us and used in accordance with these Terms, infringe that third party's intellectual property rights, including a claim that WingCaster Materials embedded in Generated Output infringe, and will pay damages and costs finally awarded or agreed in settlement. This does not apply to claims arising from Customer Inputs, from Generated Output to the extent the claim arises from your Customer Inputs or instructions, from third-party Channels, from modifications not made by us, or from use in breach of these Terms. If the Services become, or we believe they may become, subject to such a claim, we may procure the right for you to continue using them, modify them to be non-infringing, or terminate the affected Package and refund prepaid fees for the unused period.
22.3 Procedure. The indemnified party must promptly notify the indemnifying party, give it sole control of the defence and settlement (provided no settlement imposes obligations on the indemnified party without its consent), and provide reasonable cooperation at the indemnifying party's expense.
23. Governing law and dispute resolution
23.1 Governing law. These Terms and any dispute arising out of or in connection with them, including non-contractual disputes, are governed by the laws of the Kingdom of Bahrain, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
23.2 Informal resolution. Before commencing proceedings (other than under Section 23.5), a party must give the other a written dispute notice describing the dispute, and the parties will attempt in good faith to resolve it within 30 days (the "Negotiation Period"). Where Section 23.4 applies, no proceedings other than under Section 23.5 may be commenced until the Election Period in Section 23.4 has also expired. The one-year period in Section 23.8 is suspended from the date of the dispute notice until the end of the Negotiation Period and, where applicable, the Election Period.
23.3 Arbitration. Any dispute not resolved under Section 23.2 will be finally settled by arbitration administered by the Bahrain Chamber for Dispute Resolution (BCDR) under its arbitration rules in force at the date of the notice of arbitration. The seat is Manama, Bahrain; the language is English; the tribunal consists of one arbitrator unless the amount in dispute exceeds USD 500,000, in which case three. The award is final and binding and may be enforced in any court of competent jurisdiction.
23.4 Customers established in Lebanon. Where you are established in the Republic of Lebanon, either party may elect a Lebanese forum instead of Section 23.3 by written notice given within 14 days after the end of the Negotiation Period (the "Election Period"). The forum is, at the electing party's choice, the competent courts of Beirut, or arbitration administered by the Lebanese Arbitration and Mediation Center of the Beirut Chamber of Commerce, Industry and Agriculture under its rules, seated in Beirut, in English or Arabic as the tribunal directs, before one arbitrator. The first valid election notice received prevails over any later one; if no election is made within the Election Period, Section 23.3 applies. Once proceedings are commenced in the elected forum, it is exclusive for that dispute. Section 23.1 continues to govern the substance of the dispute, subject to Section 23.6.
23.5 Exceptions. Either party may at any time seek interim or injunctive relief from any court of competent jurisdiction to protect intellectual property, confidential information or the security of the Services, without first complying with Section 23.2, and we may bring a claim for unpaid fees in the courts of the Kingdom of Bahrain, the courts of Beirut, or the courts of the jurisdiction in which you are established.
23.6 Local mandatory law. Where the mandatory law of the jurisdiction in which you are established — including Lebanese law for customers established in Lebanon — gives you rights that cannot be excluded by choice of law or forum, including consumer-protection rights where you are treated as a consumer under that law notwithstanding Section 2.1, those rights are unaffected.
23.7 Individual basis. Disputes will be resolved on an individual basis. To the extent permitted by law, neither party may bring or participate in a class, collective or representative proceeding.
23.8 Time limit. To the extent permitted by law, any claim must be commenced within one year after the cause of action arises, subject to the suspension in Section 23.2.
24. Sanctions and export control
24.1 Eligibility. We do not offer the Services to persons located in, organised under the laws of, or ordinarily resident in a country or territory subject to comprehensive sanctions imposed by the United Nations Security Council, the United States, the European Union or the United Kingdom, or to persons named on a sanctions list maintained by those authorities or by the Kingdom of Bahrain. You represent that neither you nor any User falls within this description.
24.2 Compliance. Independently of Section 24.1, each party will comply with the sanctions and export-control laws that apply to it and to the transaction. We may suspend or terminate the Services immediately if we reasonably believe that continuing would breach such laws or that the representation in Section 24.1 is untrue.
25. Notices
25.1 To you. We may give notice through the Services, by email to the Account's email address, or by message to the primary number. Notice is effective when delivered or, if delivery cannot be confirmed, 24 hours after sending, unless the message is returned undelivered, in which case we will use another method in this Section and notice is effective on delivery by that method.
25.2 To us. Legal notices to us — dispute notices, breach notices, termination under Section 18.2(b), and election notices under Section 23.4 — must be sent by email to legal@wingcaster.com and are effective when received; we will acknowledge receipt, and if we have not acknowledged within 2 business days you may resend or send by courier to the address in Section 28, in which case notice is effective on delivery. We request, but do not require, a postal copy. Ordinary requests — cancellation, support, billing, security reports — may be made through the Services or to the relevant address in Section 28.
26. Changes to these Terms
We may update these Terms. For material changes we will give at least 30 days' notice through the Services or by email before the change takes effect, except where a shorter period is required to comply with law, address security or abuse, or reflect a change imposed by a Channel or payment provider. If you do not accept a material change, you may close the Account by notice given before the change takes effect; notwithstanding Section 18.2(a), the Termination Date is then the day before the change takes effect (or an earlier date you choose), and we will refund prepaid fees for the unused period. Continued use after the effective date constitutes acceptance. The version and last-updated date are shown at the top of this page; prior versions are available on request.
27. General
27.1 Entire agreement. These Terms, the documents incorporated by reference and any Order Form are the entire agreement between the parties on their subject matter and supersede all prior agreements and representations.
27.2 Assignment. You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets, on notice to you.
27.3 Subcontracting. We may use subcontractors and sub-processors to provide the Services and remain responsible for their performance.
27.4 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including government action, war, civil unrest, natural disaster, epidemic, or failure of public networks, provided that this does not excuse payment obligations. Actions of third-party platforms are addressed in Sections 5.5 and 7.2, not by this Section.
27.5 Relationship. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, franchise or employment relationship. Section 11.5 states our position between Agencies and Agents.
27.6 Severability; waiver. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder continues in effect. A failure to enforce a provision is not a waiver.
27.7 Language. These Terms are drafted in English. Translations, including Arabic, are provided for convenience; the English version prevails in the event of conflict, except where the law of your jurisdiction requires otherwise.
27.8 Electronic records. Acceptance through any interface of the Services constitutes a valid electronic signature. Notices, Order Forms and records delivered or accepted electronically satisfy any requirement of writing or signature. We keep a record of each acceptance and of the terms accepted and provide it on request.
27.9 Third-party beneficiaries. Except for indemnified parties under Section 22, no third party has rights under these Terms.
28. Contact
Digiteck Vision W.L.L. Office 04111, Building 1459, Road 4626, Block 346 Manama, Capital Governorate Kingdom of Bahrain Commercial Registration No. 132367 Telephone: +973 3377 0724
Legal notices: legal@wingcaster.com · Privacy: privacy@wingcaster.com · Security reports: security@wingcaster.com · Billing: billing@wingcaster.com · Support: support@wingcaster.com
Designated contact: Mr. Aboudi Fazaa