Terms of Service

Wiser Workplace is a technology company. We operate an online platform (the "Services") that provides a structured, confidential channel between California employees and California employers. Our role is limited to providing the software tools that: (a) allow an employee to submit a workplace concern, (b) deliver that concern to the employer the employee identifies, (c) give the employer a channel through which to respond to the concern, (d) let the parties exchange messages and documents through the platform while the concern is open, (e) record case status (open, acknowledged, responded, closed-resolved, closed-unresolved), and (f) at and after public launch, operate the bilateral mediator-selection workflow described in Section 13 of these Terms. Wiser Workplace itself does not investigate, adjudicate, arbitrate, or mediate any concern, and does not take, propose, or approve any settlement.

NOT A LAW FIRM. NOT LEGAL ADVICE. Wiser Workplace is NOT a law firm and does NOT provide legal advice or legal representation. No attorney-client relationship is created between you and Wiser Workplace, its personnel, its contractors, or any of its affiliated entities by accessing the Services, by creating an account, by communicating with Wiser Workplace personnel, or by submitting a workplace concern. At and after public launch, mediation through the platform is conducted by independent mediators selected bilaterally by the parties from the platform's directory under the process described in Section 13. Those mediators are not Wiser Workplace employees, agents, or representatives, and Wiser Workplace itself does not act as the mediator in any session.

Legal Information vs. Legal Advice. All information on this platform, including legal guides and educational articles, constitutes "Legal Information" and is provided for informational and educational purposes only. "Legal Information" is fundamentally different from "Legal Advice." Legal Information is general educational material that does not address your specific situation or take into account your individual circumstances. Legal Advice, by contrast, is personalized guidance provided by a licensed attorney who has thoroughly reviewed your specific facts and circumstances and who owes you a duty of care. We provide Legal Information, never Legal Advice.

Confidentiality Framework. By using the Services, you acknowledge and agree that all communications through this platform are subject to the contractual confidentiality obligations set forth in Section 7 of these Terms. Pre-launch (current state), these Terms do not create, and do not rely on, statutory mediation confidentiality under California Evidence Code sections 1115 to 1128 because no mediation is conducted through the platform and no mediator is engaged by Wiser Workplace; pre-launch communications are protected under Section 7.1 (contractual confidentiality) and Section 7.7 (California Evidence Code section 1152 framework). At and after public launch, communications, documents, and writings prepared for the purpose of, in the course of, or pursuant to a mediation conducted by an independent mediator engaged through the bilateral process in Section 13 are protected by California Evidence Code section 1119, which makes anything said and any writing prepared for the purpose of, in the course of, or pursuant to a mediation inadmissible and not subject to discovery, and which keeps communications between participants confidential. The wider framework is California Evidence Code sections 1115 to 1128.

Your Deadlines Are Not Paused. Using the Services does not pause, toll, or extend any deadline to file with a government agency (including the U.S. Equal Employment Opportunity Commission, the California Civil Rights Department, the California Labor Commissioner, or any similar body) or to file suit in court. You remain solely responsible for tracking and meeting your own deadlines. If a deadline matters to you, consult a licensed attorney before relying on the platform.

By clicking "I Agree," browsing the Services, creating an account, or otherwise using any feature of the platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These Terms constitute a binding legal agreement between you and Wiser Workplace LLC.

Age Requirement. You must be at least 18 years of age to use the Services. By accessing the Services, you represent and warrant that you meet this age requirement and have the full legal right and capacity to enter into these Terms.

No Agreement = No Use. If you do not agree to all of the terms and conditions contained herein, do not use the Services. Your continued use of the Services constitutes your continuing acceptance of these Terms.

For purposes of these Terms, the following definitions apply:

• "Services" means the Wiser Workplace website, platform, applications, tools, features, and all related content and functionality.
• "Platform" means the Wiser Workplace website and technology infrastructure at www.wiserworkplace.com.
• "Legal Information" means educational content, articles, guides, and resources provided for general informational purposes only, not tailored to your specific situation or circumstances.
• "Legal Advice" means personalized professional guidance provided by a licensed attorney who has reviewed your specific facts, understands your legal situation, and provides tailored recommendations; creating an attorney-client relationship and subject to attorney-client privilege.
• "User" means any individual who accesses, browses, or uses the Services.
• "Employee User" means a User who submits a workplace concern to the platform.
• "Employer User" means a business or entity that registers an employer account on the platform.
• "Platform Communications" means all communications, messages, documents, statements, and information exchanged through the platform in connection with a workplace concern, including the initial submission, any employer response, messages exchanged between the parties through the platform, and any related information.
• "Educational Content" means articles, guides, videos, webinars, and other materials designed to educate users about general workplace law topics.
• "Content" means all text, images, videos, guides, design, code, and other information on the platform owned or licensed by Wiser Workplace.
• "Confidential Information" means all Platform Communications, plus: (a) the existence and nature of any concern submitted; (b) the identity of the parties (to the extent not already publicly known); and (c) any information disclosed through the platform that was not previously known to the receiving party.

The Services are designed for two user types:

• Employees: May submit workplace concerns through the platform to the employer they identify
• Employers: Receive concerns submitted by employees and use platform tools to respond

Representations and Warranties. By creating an account and using the Services, you represent and warrant that:

• You are at least 18 years of age and have the legal authority and capacity to enter into this agreement;
• All information you provide to the platform is accurate, truthful, and complete;
• If you are an Employer User, you have the authority to bind your company to these Terms;
• You will use the Services only for lawful purposes and in compliance with all applicable laws;
• You understand that Wiser Workplace itself does not provide legal advice, is not a law firm, and does not act as the mediator in any mediation conducted through the platform, and you agree to participate in good faith if you proceed with submitting or responding to a concern;
• If you are an Employee User, all information in your workplace concern submission is truthful and submitted in good faith.

Employee accounts are free to create and use. When creating an account, you agree to:

• Provide truthful and accurate information in your account profile
• Maintain the confidentiality of your account credentials
• Not submit false, misleading, or frivolous concerns
• Only submit concerns in good faith, based on facts you believe to be true
• Not use the platform to harass, threaten, or abuse any person or entity

Submission Effect. By submitting a workplace concern, you are routing the concern through the platform to the employer you identify. All Platform Communications, the concern itself, any messages you exchange with the employer through the platform, and any supporting materials, are subject to the contractual confidentiality obligations in Section 7. Wiser Workplace does not investigate, adjudicate, or mediate the concern; its role is limited to routing, notification, and response tracking.

Control Over Identifying Information. You maintain control over what identifying information is disclosed to the employer when submitting your concern. Personally identifiable information will not be disclosed to the employer without your explicit consent, except as required by law or court order.

No Guarantee of Resolution. You acknowledge that submission of a concern does not guarantee that the concern will be resolved, result in any response, or lead to any particular outcome. Using the platform is voluntary and either party may discontinue at any time. Submission also does not pause, toll, or extend any deadline to file with a government agency or in court; see Section 1 for the deadline disclosure.

Forward-looking notice (effective 2026-04-27). The pricing, subscription tier, and Trial Period terms set forth in this Section 6 describe the at-launch commercial model and may be revised before public launch. Wiser Workplace does not offer paid features, charge any user, or accept any payment before public launch. Any pre-launch use of the platform (waitlist signup, intake submission, mediator application, or other) is non-commercial and is governed by Section 7 (confidentiality) of these Terms. Wiser Workplace will publish any material change to this Section 6 with at least 30 days' prior notice as set forth in Section 30.

Employer accounts will be available at public launch in two tiers:

• Free Tier: Limited notifications of submitted concerns
• Subscriber Tier: Full access to concern details, response-tracking tools, and the in-platform message channel with the employee

Early Access Trial. During the initial public-launch period, Wiser Workplace may offer eligible California Employer accounts a complimentary trial of paid features for a period of sixty (60) calendar days beginning at public launch for accounts registered before launch, or on the date of account registration thereafter (the "Trial Period"). During the Trial Period: (a) the Employer will have full access to all features included in their selected plan at no subscription cost; (b) no credit card or payment information is required to begin the Trial Period; and (c) all other terms of these Terms of Service apply in full, including the confidentiality obligations described above.

Trial Expiration and Conversion. At the end of the sixty (60) day Trial Period, Employers who wish to continue using paid features must affirmatively select a subscription plan and provide valid payment information. If the Employer does not select a plan or provide payment information before the Trial Period expires, the account will automatically convert to the Free Tier. Wiser Workplace will send reminder emails before the Trial Period ends. No automatic charges will occur at the end of the Trial Period. Wiser Workplace reserves the right to modify, suspend, or discontinue the trial program at any time and in its sole discretion. Participation in the trial does not guarantee the availability of any specific features, pricing, or service levels after the Trial Period.

Payment Terms and Billing. All payments are in U.S. Dollars (USD). Subscription fees are charged on a recurring basis according to the billing cycle you select at checkout, either monthly or annually. Annual subscriptions are offered at a discounted rate in exchange for a full-year commitment. All payments are non-refundable for the current billing period.

Cancellation. You may cancel your subscription at any time using the same method you used to subscribe: (a) through your employer account dashboard on the Platform; or (b) by emailing support@wiserworkplace.com. Cancellation takes effect at the end of the current billing cycle. After cancellation, you retain access to paid features through the end of the period you have already paid for, after which your account reverts to Free Tier status. You will receive a confirmation email when your cancellation is processed.

No Refunds. Cancelled subscriptions are not refunded for the current billing period. You continue to have access to paid features until the end of the billing period in which you cancel.

7.4 Permitted Disclosures. Notwithstanding any other provision of these Terms, a party is expressly permitted to disclose, reference, introduce, rely upon, or use Platform Communications and other Confidential Information in each of the following circumstances:

• (a) Own attorney. To the party's own attorney for the purpose of obtaining legal advice about the workplace concern.
• (b) Employer's need-to-know personnel. If the party is an Employer User, to officers, directors, human-resources personnel, in-house or outside counsel, or other employees who have a need to know the information solely for the purpose of evaluating and responding to the workplace concern. The Employer User shall ensure such persons are bound by written confidentiality obligations at least as protective as this Section 7, and the Employer User remains contractually responsible to Wiser Workplace and to the Employee User for any disclosure or use by such persons that would breach this Section 7 if made by the Employer User directly.
• (c) Legal process. To the extent required by a valid court order, subpoena, or other legal process, provided the disclosing party promptly notifies the other party, cooperates in seeking a protective order if appropriate, and discloses only the minimum information required.
• (d) Independently obtained information. To the extent either party independently possessed the information before it was shared through the platform, or independently learns of it outside the platform, the disclosure restriction in Section 7.1 does not apply to that independent information.
• (e) Government agencies and law enforcement. To file, cooperate with, or provide information to any federal, state, or local government agency or law enforcement, including without limitation the U.S. Equal Employment Opportunity Commission (EEOC), the California Civil Rights Department (CRD), the California Labor Commissioner / Division of Labor Standards Enforcement (DLSE), the California Labor and Workforce Development Agency (LWDA), the National Labor Relations Board (NLRB), the Occupational Safety and Health Administration (OSHA), the Securities and Exchange Commission (SEC), or any equivalent state or local agency, and to testify truthfully under oath in any legal proceeding.
• (f) Sexual assault and sexual harassment claims. To disclose factual information related to a claim of sexual assault, sexual harassment, sex discrimination, harassment or discrimination based on sex, or retaliation, consistent with California Code of Civil Procedure section 1001 (SB 820 / SB 331). Nothing in these Terms shall be construed to restrict any such disclosure.
• (g) FEHA-protected unlawful acts (Silenced No More). To disclose factual information about any conduct the discloser has reasonable cause to believe is unlawful in the workplace, including conduct based on race, religion, color, national origin, ancestry, disability, medical condition, marital status, sex, gender, gender identity or expression, sexual orientation, age, or any other protected status, consistent with California Government Code section 12964.5 (the Silenced No More Act).
• (h) NLRA Section 7 concerted activity. To discuss with coworkers wages, hours, and other terms and conditions of employment; to file unfair labor practice charges with the NLRB; and to engage in any other concerted activity protected by Section 7 of the National Labor Relations Act (29 U.S.C. § 157), including any other right that cannot lawfully be waived by contract.
• (i) Whistleblower disclosures. To make whistleblower disclosures protected by California Labor Code section 1102.5, the federal Whistleblower Protection Act, the Sarbanes-Oxley Act, the Dodd-Frank Act, or any other federal, state, or local whistleblower-protection statute or regulation.
• (j) Defend Trade Secrets Act notice (18 U.S.C. § 1833(b)). Pursuant to the federal Defend Trade Secrets Act, you are notified that an individual shall not be held criminally or civilly liable under any federal or state trade-secret law for the disclosure of a trade secret that is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and made solely for the purpose of reporting or investigating a suspected violation of law, or (ii) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual's attorney and use the trade-secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secret except pursuant to court order.
• (k) Pre-dispute arbitration carveouts. To pursue any claim that may not be subject to mandatory pre-dispute arbitration as a matter of federal or state law, including claims of sexual assault or sexual harassment under the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (9 U.S.C. §§ 401-402).
• (l) Wages and working conditions (Labor Code §§ 232, 232.5). To disclose the amount of one’s own wages, or information about working conditions, as protected by California Labor Code sections 232 and 232.5; nothing in these Terms prohibits any such disclosure or requires any waiver of the right to make it.

The carveouts in Section 7.4(e) through (k) are non-exhaustive examples of disclosures protected by law. Nothing in these Terms shall be construed to waive, restrict, or chill any right or disclosure that California or federal law prohibits from being waived, restricted, or chilled by contract. To the extent any provision of these Terms is in conflict with such a non-waivable right, the provision is unenforceable as to that right and the remainder of these Terms shall remain in full force and effect.

7.5 Employee Control Over Disclosure. Employees maintain control over what identifying information is disclosed to the employer when submitting a concern. Employee identifying information will not be disclosed to the employer without the employee's explicit consent, except as required by law or court order.

7.6 No Attorney-Client Privilege. Nothing in this Section 7 creates any attorney-client privilege, attorney work-product protection, or similar protection. Wiser Workplace is not a law firm and its personnel are not acting as your lawyer. Communications between you and Wiser Workplace are protected only by this Agreement and by our Privacy Policy.

7.7 Compromise Negotiations Framework (California Evidence Code § 1152). The Services are designed to facilitate the parties' good-faith compromise of an existing or anticipated workplace claim. By using the Services, each user acknowledges and agrees that: (a) any submission, response, or other Platform Communication is a communication made "in compromise or from humanitarian motives" within the meaning of California Evidence Code § 1152(a); (b) the purpose of each communication is to negotiate the resolution of a workplace concern that has been raised or that may be raised in a legal, administrative, or other proceeding; (c) Platform Communications are accordingly inadmissible to prove a party's liability for the loss or damage at issue, to the full extent provided by § 1152; and (d) this § 1152 inadmissibility is in addition to, and not in lieu of, the contractual confidentiality obligations in Section 7.1. The parties expressly contract for and rely on the application of § 1152 to all Platform Communications. This Section 7.7 does not create attorney-client privilege, work-product protection, or the statutory mediation privilege of Cal. Evid. Code §§ 1115 to 1128. § 1152 is narrower than mediation privilege: by its own terms it bars admissibility only for the purpose of proving liability for the underlying loss or damage, and may not bar discoverability or admissibility for other purposes (such as impeachment, knowledge, intent, bias, or absence of mistake). When mediator-guided resolution launches and an independent mediator is engaged, communications occurring within that mediation are additionally protected under Cal. Evid. Code §§ 1115 to 1128 as set forth in Section 7.2.

7.8 Privacy Policy. Our Privacy Policy is incorporated into these Terms by reference. Please review it for complete details on how we collect, use, and protect your personal information.

Educational Content Limitations. Guides, articles, and educational materials are for general informational purposes only. They may not reflect current law, may not apply to your jurisdiction, and are not personalized to your circumstances.

Your Responsibility. Wiser Workplace is not responsible for decisions you make based on platform information. You should independently verify all information, particularly given that employment law changes frequently.

Overview. The Services include limited algorithmic and AI-assisted features for administrative operations, including case routing, draft-message generation, and similar aids. These are tools only. They do not make legal determinations, provide legal advice, or evaluate the merit of any claim. All outputs are administrative aids subject to human review and user approval.

Feature Descriptions. (a) Draft assistance may offer AI-generated suggestions to help users compose messages or summaries; users review and approve all content before it is sent. (b) Case-routing support helps Wiser Workplace staff identify the correct employer and response-window status for a submitted concern. Note: Wiser Workplace does not operate an automated classifier that categorizes your submission as any particular type of legal claim. Category labels in the intake form are selected by you; no algorithmic system assigns them.

No Automated Outcomes. No AI or algorithmic feature determines the outcome of any concern, awards damages, assesses credibility, or issues any binding decision.

No Automated Legal Advice. No AI system produces legal advice or substitutes for a licensed attorney. Any AI-generated educational or informational content is reviewed and supervised by licensed counsel before publication. You should consult an attorney for advice about your specific situation.

Training Data. Confidential User Content, case communications, and Platform Communications are NOT used to train third-party foundation models and are NOT shared with AI providers for training purposes. Limited use of third-party model inference may occur for the features above under contractual confidentiality and data-minimization commitments described in our Privacy Policy.

Human Review and Opt-Out. You may request human review of any automated output, or request a fully human-only intake and case-handling path, by contacting support@wiserworkplace.com. We will accommodate reasonable requests for human-only processing.

Accuracy Limitations. All algorithmic and AI-assisted outputs are provided “as is” without warranty of accuracy, completeness, or applicability to your situation. Users are responsible for reviewing outputs before acting on them.

Proprietary Technology. Algorithmic methodologies, models, prompt templates, and matching logic are proprietary and confidential information of Wiser Workplace LLC. Reverse engineering, scraping, enumeration, or attempting to replicate these features is prohibited.

California Automated Decisionmaking Technology Disclosure. The features described above use computational processing to assist Wiser Workplace personnel. Consistent with the California Consumer Privacy Act as amended by the California Privacy Rights Act, and the California Privacy Protection Agency's implementing regulations governing automated decisionmaking technology, Wiser Workplace confirms that: (i) these features do not make "significant decisions" about any individual, as no automated output terminates, suspends, or conditions employment, credit, housing, insurance, healthcare, education, or access to essential goods or services; (ii) material automated outputs affecting the handling of your matter (including employer notification content and draft messages) are reviewed by a human before any user-facing action is taken, while routine administrative aids (such as internal category tagging and urgency tiering) may be applied automatically; (iii) you may request that your submission be processed through a human-only path with no algorithmic assistance, and we will honor reasonable opt-out requests; (iv) you may request information about the general logic, the type of personal information used, and the role the output played in any decision involving you; and (v) you may request human review of any automated output that affected a decision about you. To exercise any of these rights, email privacy@wiserworkplace.com.

Wiser Workplace may introduce additional features or services in the future. Any such services will be subject to additional terms provided at that time.

Wiser Workplace is a neutral technology platform. We do not advocate for either party, evaluate the merit of any concern, determine fault or liability, guarantee any outcome, investigate the facts underlying any submission, or propose or approve any resolution. Wiser Workplace itself does not act as the mediator, arbitrator, or adjudicator in any dispute; mediation, when conducted through the platform under Section 13, is performed by an independent mediator selected bilaterally by the parties. Our role is limited to: (a) providing the software channel through which an employee can route a concern to an employer, (b) delivering that concern to the employer, (c) providing message and document-exchange tools while the concern is open, (d) recording and reporting case status, (e) providing a pre-drafted educational exit note when a case closes unresolved, and (f) at and after public launch, operating the bilateral mediator-selection workflow described in Section 13 below. Mediation, when conducted through the platform, is performed by independent mediators on the platform's directory under the bilateral selection process in Section 13. Those mediators are not Wiser Workplace employees, agents, or representatives.

Preservation of Other Remedies. Using the Services does not waive any party's right to pursue other legal remedies and does not pause any filing deadline. If the response does not resolve the concern, the employee retains every right the employee had before the submission, including the right to file a charge with the EEOC, a complaint with the California Civil Rights Department, a wage claim with the California Labor Commissioner, or a lawsuit in court, subject to each body's own rules and deadlines.

Mediation Status (Pre-Launch vs. At-Launch). At public launch, the Services include a bilateral mediator-selection workflow as described in Section 13, through which the parties can engage an independent California mediator from the platform's curated directory. The selection workflow is not itself a mediation; the actual mediation session is conducted by the engaged mediator. Mediation, when conducted by an independent mediator engaged through the platform under Section 13, invokes California Evidence Code sections 1115 through 1128 only as set forth in Section 13.7. Pre-launch (current state), no mediator-guided resolution is yet available; the Services consist of structured intake and the bilateral employer-response channel described in Sections 6 through 12. Parties also remain free to engage a mediator outside the platform at any time; Wiser Workplace is not involved in any off-platform engagement.

Forward-looking notice. This Section 13 describes the at-launch mediator-guided resolution layer. Pre-launch (current state), no mediator-guided resolution is offered through the Services and no mediator is engaged by Wiser Workplace. Pre-launch communications are governed by Section 7.1 (contractual confidentiality) and Section 7.7 (California Evidence Code § 1152 compromise-negotiation framework). The mechanics in this Section 13 take effect only when an Employee User and Employer User in a given matter have both affirmatively elected to engage a mediator-guided resolution session, as described in Section 13.4 below.

13.1 Independent Mediator Model; Mediator Is a Natural Person. Mediator-guided resolution is conducted by independent mediators, not by Wiser Workplace. For all purposes under these Terms, a "mediator" means a natural person. No automated system, model, or software conducts a mediation session, acts as the neutral, or is presented as a mediator. This is not incidental to the design: California Evidence Code § 1115(a) defines mediation as a process in which "a neutral person or persons" facilitate communication between the disputants, and § 1115(b) defines a "mediator" as "a neutral person who conducts a mediation." The statutory mediation confidentiality described in Section 13.7 and Section 7.2 depends on that definition being satisfied, and it is satisfied by a human neutral. Software on the platform supports scheduling, document handling, structure, and the record; it does not act as the neutral.

13.1.1 Independence. Mediator-guided resolution is conducted by independent mediators, not by Wiser Workplace. A mediator who appears on the platform's directory is an independent professional, not an employee, agent, partner, or representative of Wiser Workplace. Wiser Workplace does not direct, supervise, evaluate, or participate in the substantive conduct of any mediation session, and does not propose, approve, or veto any settlement or other resolution. The mediator is solely responsible for the conduct of the mediation, for compliance with the rules of professional conduct of every jurisdiction in which the mediator is licensed (including, where applicable, California Rule of Professional Conduct 2.4), and for any communications, advice, or work product the mediator provides. Wiser Workplace is not a law firm and does not itself act as the mediator, supervise the substantive conduct of any mediation session, or participate in mediator-party communications during a session. Mediation sessions are conducted by independent mediators selected bilaterally by the parties through the process described in Sections 13.3 and 13.4, and Wiser Workplace does not adopt the mediator's communications as its own.

13.2 Mediator Directory and Eligibility. Wiser Workplace maintains a directory of independent mediators who have applied to the platform. California does not issue a general state mediator certification, and any professional mediation credential a directory mediator holds is voluntary. Applicants self-attest to their professional credentials and practice history, provide supporting documentation, and furnish a certificate of insurance; Wiser Workplace verifies credentials and practice history where verification is available. Mediators may be licensed in any U.S. jurisdiction; the directory displays each mediator's bar admission so California users can identify which jurisdiction(s) the mediator is licensed in. Inclusion on the directory is not a representation by Wiser Workplace as to a mediator's credentials, competence, or suitability in any specific matter; users are responsible for satisfying themselves that any mediator they consider engaging is suitable for their dispute.

13.3 Bilateral Slate and Selection. When a matter is eligible for mediator-guided resolution and both parties have requested mediator selection, the platform generates a slate of qualifying mediators using rules-based filtering (specialization match, county availability, conflict screening). Each party independently ranks the mediators on the slate. The platform applies a deterministic rank-sum algorithm to compute a mediator selection from the parties' rankings. Neither party can dictate the selection unilaterally; selection requires both parties to have submitted rankings. The slate is locked at first generation so neither party can shop for a different slate after seeing it. The slate algorithm does not evaluate the legal merit of any concern, does not assess credibility, and does not produce any "significant decision" within the meaning of California Privacy Protection Agency regulations governing automated decisionmaking technology.

13.4 Bilateral Consent Gate. Mediator engagement requires affirmative election by both the Employee User and the Employer User. The platform records the timestamp of each party's election. If either party does not elect, no mediator is engaged, no mediation session is scheduled, and no mediation communications occur within the meaning of California Evidence Code §§ 1115 to 1128. Either party may decline or withdraw at any time before the engagement is mutually accepted. Withdrawal does not prejudice any other right under these Terms.

13.5 Mediator Capacity Restrictions. A mediator engaged through the platform serves in a strictly neutral capacity for the matter. Without limiting any obligation a mediator owes under applicable rules of professional conduct, a mediator engaged through the platform may not, with respect to any matter the mediator handles through the platform, (a) represent any party to that matter, (b) represent any party in any related dispute, or (c) provide legal advice to any party. A mediator engaged through the platform agrees not to undertake representation of any party to a platform-mediated matter for a period of 12 months following the closure of the matter. Wiser Workplace publishes detailed capacity restrictions in the Mediator Network Agreement, which each mediator on the directory has executed.

13.6 Mediator Compensation; No Referral Fees. Mediator fees in any mediation conducted through the platform are set by the mediator and disclosed on the mediator's directory profile. Wiser Workplace does not set, control, or share in mediator fees. Wiser Workplace's separate platform subscription fee, if any, is invoiced and paid by the Employer User per the Employer User's subscription with Wiser Workplace, and is never a percentage of the mediator's fee. Wiser Workplace does not pay or accept referral fees or any fee-sharing with any mediator, attorney, or law firm in connection with any matter on the platform, consistent with California Rules of Professional Conduct 5.4 and California Business and Professions Code §§ 6151 to 6155.

13.7 Statutory Mediation Privilege at Engagement. Once a mediator is engaged through the bilateral process described in Section 13.4 and a mediation session is convened, communications, documents, and writings prepared for the purpose of, in the course of, or pursuant to that mediation are protected by California Evidence Code § 1119, and by the wider framework in California Evidence Code §§ 1115 to 1128, in addition to the contractual protections in Section 7. Communications occurring before engagement, and communications occurring outside the scope of § 1119, continue to be governed by Section 7.1 and Section 7.7 only. Each party should consult independent counsel about the scope of mediation confidentiality before engaging in any mediation communication.

13.8 No Guarantee of Resolution. Engaging in mediator-guided resolution does not guarantee any resolution, settlement, or particular outcome. Either party may discontinue the mediation at any time. Discontinuation does not pause, toll, or extend any deadline to file with a government agency or in court. The right of either party to file with the U.S. Equal Employment Opportunity Commission, the California Civil Rights Department, the California Labor Commissioner, or any court of competent jurisdiction is preserved.

Ownership. You retain full ownership of any content you submit to the platform, including workplace concerns, messages, documents, and other materials.

License to Wiser Workplace. By submitting content to the platform, you grant Wiser Workplace a limited, worldwide, royalty-free license to use that content solely for the purpose of:

• Operating and providing the Services
• Routing the concern to the identified employer and enabling the parties to exchange messages and documents through the platform
• Complying with applicable legal obligations

We will not use your content for marketing or promotional purposes without your prior written consent.

Termination of License. The license granted in this Section 14 terminates when your account is closed or when your personal information is anonymized under Section 15, whichever occurs first, except that Wiser Workplace retains a perpetual, irrevocable right to use de-identified, aggregated derivatives of User Content that contain no personally identifiable information for analytics, research, and service improvement, and except as required to retain records under tax, audit, or other legal obligations.

Representations About Your Content. You represent and warrant that:

• You own or have the right to license all content you submit
• Your content does not infringe any third-party intellectual property rights
• Your content does not violate any applicable law
• Information in your submissions is truthful and accurate to the best of your knowledge

Right to Remove Content. Wiser Workplace reserves the right to remove any content that violates these Terms, is false or fraudulent, or is otherwise inappropriate, without prior notice. Removal of content does not waive any other rights or remedies we may have.

Moderation. While Wiser Workplace does not proactively monitor or review all user-submitted content, we reserve the right to do so and to take action against any content or user that violates these Terms or applicable law.

Retention Schedule. Active case data is retained for the duration of the case. After a case reaches a terminal status, personally identifiable information is targeted for anonymization beginning at 90 days after closure; anonymization is performed by scheduled processes that run in batches and completion for any particular record may take up to an additional 30 calendar days during normal operations. Consent-receipt metadata (IP address and user agent collected at submission) is retained for 24 months, then anonymized. Billing records are retained for 7 years as required by tax law. De-identified aggregate metadata may be retained indefinitely. See our Privacy Policy for complete details.

Right to Request Deletion. You may request deletion at any time by contacting support@wiserworkplace.com. Requests are processed within 30 calendar days. If both parties to a case consent, all case data is deleted; otherwise, your identifying information is anonymized.

Confidentiality Survives Deletion. Deletion of data does not release any party from confidentiality obligations under Section 7.

Security. We implement industry-standard security measures including encryption, SSL, firewalls, and access controls. In the event of a data breach affecting your personal information, we will notify affected users in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement and any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system, as required by California Civil Code Section 1798.82 and, for Washington residents, RCW 19.255.010.

When using the Services, you agree not to:

• Submit false, misleading, or fraudulent information or concerns
• Engage in harassment, threats, intimidation, or abusive behavior toward other users or Wiser Workplace staff
• Impersonate another person or entity or misrepresent your identity or authority
• Interfere with the operation, security, or integrity of the platform
• Attempt unauthorized access to the platform, user accounts, or Wiser Workplace systems
• Scrape, crawl, or automatically extract data from the platform without permission
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying technology of the platform
• Use the Services for any illegal purpose or in violation of applicable law
• Use the platform to circumvent, undermine, or circumvent employment law protections
• Submit frivolous claims or use the platform for purposes of harassment or abuse
• Attempt to extract or access Confidential Information not shared with you
• Disclose or use any Platform Communications or Confidential Information outside the scope permitted by Section 7
• Violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights
• Sell, transfer, or assign your account to another party without Wiser Workplace's consent

Consequences of Violation. Violation of any prohibited conduct may result in immediate termination of your account and access to the Services. Wiser Workplace reserves the right to report violations of law to appropriate authorities and to pursue all available legal remedies.

Ownership of Platform Content. Wiser Workplace owns all intellectual property rights in the platform and its contents, including but not limited to:

• Website design, layout, and visual elements
• Software code, algorithms, and functionality
• All educational content, guides, articles, and resources
• All trademarks, logos, service marks, and trade names
• All copyrightable works and original content
• Database compilations and selections

Limited License to Users. Your use of the Services grants you a limited, non-exclusive, non-transferable, revocable license to access and use the platform and its content solely for your personal use in accordance with these Terms. This license does not permit you to:

• Reproduce, modify, or create derivative works from any content
• Distribute, sell, license, or transfer any content
• Remove or obscure any copyright, trademark, or other proprietary notices
• Use any content for any commercial purpose without permission
• Rent, lease, or lend the Services or content

No Ownership Interest. Your use of the Services does not grant you any ownership interest in the platform, its content, or any intellectual property rights. All intellectual property rights remain the exclusive property of Wiser Workplace.

User Content License. You retain ownership of content you submit, but you grant Wiser Workplace a license to use that content as described in Section 14.

Copyright Infringement Notice. If you believe that content on the Services infringes your copyright, please send a notice of copyright infringement (including all information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512) to:

• Email: dmca@wiserworkplace.com
• Phone: (213) 973-2624
• Mailing Address: Wiser Workplace LLC, 1801 Century Park East, Suite 2400, Los Angeles, CA 90067

DMCA Notice Requirements. Your notice must include:

• A physical or electronic signature of the copyright owner or authorized representative
• Identification of the copyrighted work you claim has been infringed
• Identification of the material on the Services you claim is infringing and its location
• Your contact information (address, phone number, email)
• A statement that you have a good faith belief that the use is not authorized by the copyright owner
• A statement under penalty of perjury that the information in your notice is accurate

Counter-Notice and Response. If you believe a takedown notice was sent in error, you may submit a counter-notice to the address above in accordance with 17 U.S.C. § 512(g). Wiser Workplace will respond to valid DMCA notices in accordance with the DMCA. Repeat infringers may have their accounts terminated.

Service Providers. Wiser Workplace uses the following third-party service providers to operate the platform. Each provider is bound by contractual obligations to protect the confidentiality and security of your data:

• Airtable: Secure database infrastructure for storing case records, employer information, and platform data. Airtable has completed a SOC 2 Type II audit.
• Stripe: Payment processing for employer subscriptions. Stripe is certified to PCI Service Provider Level 1 and handles card data directly. Wiser Workplace does not store credit card numbers or payment information on its own servers.
• Brevo (formerly Sendinblue): Transactional email delivery for case notifications, account communications, and platform updates. Brevo complies with applicable data protection regulations.
• Netlify: Website hosting and serverless function infrastructure. Netlify provides secure hosting with CDN and DDoS protection.
• Cloudflare: CDN, DNS, and bot protection (Turnstile). Cloudflare processes request metadata for security purposes only.
• Google Analytics (GA4): Website analytics on public informational pages only. Not loaded on the employee or employer portal or any page containing confidential communications.

By using the Services, you acknowledge that your data may be processed by these providers in accordance with their respective privacy policies and our contractual agreements with them, which all include data protection and confidentiality obligations.

Third-Party Links. The Services may contain links to third-party websites, applications, resources, or services. Wiser Workplace:

• Is not responsible for the content, accuracy, completeness, or practices of any third-party websites or services
• Does not endorse or guarantee any third-party products, services, or information
• Does not guarantee that third-party links will function correctly or remain available
• Is not responsible for your use of or interactions with third-party services

Your use of third-party links is at your own risk and subject to the third party's terms and conditions and privacy policies. You should review all third-party terms before providing any information or using their services.

Wiser Workplace reserves the right to modify, suspend, discontinue, or make improvements to the Services at any time, with or without notice to users. Such changes may include:

• Adding or removing features or functionality
• Changing user interface or design
• Updating educational content or guides
• Discontinuing the Services entirely

Wiser Workplace is not liable to you or any third party for any modifications, changes, or discontinuation of the Services. Your continued use of the Services following any changes constitutes your acceptance of those changes. If you do not accept any changes, you may discontinue use of the Services.

Termination by Wiser Workplace. We may terminate or suspend your access to the Services at any time for any reason, including:

• Violation of these Terms
• Violation of applicable law
• Submission of false or fraudulent information
• Unauthorized access attempts
• Abuse of other users
• Threat to platform integrity or security

Termination by Users. You may close your account at any time by contacting support@wiserworkplace.com. Upon termination, you lose access to all account features and content, subject to data retention obligations.

Survival After Termination. The following provisions survive termination: Confidentiality (Section 7), Disclaimer of Warranties and Limitation of Liability (Sections 22-23), Indemnification (Section 25), Dispute Resolution (Section 26), Governing Law (Section 27), Intellectual Property (Section 17), and Data Retention (Section 15).

Effect of Termination. Upon termination, all licenses and rights granted to you immediately terminate. You retain no rights to access, use, or retrieve any content, data, or functionality after termination, except as expressly permitted by these Terms or applicable law.

You agree to indemnify, defend, and hold harmless Wiser Workplace LLC and its officers, directors, employees, agents, and representatives from and against claims, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) that arise out of or in connection with, and only to the extent caused by, any of the following:

• Your material breach of these Terms, including the prohibited-conduct provisions in Section 16
• Your violation of any applicable federal, state, or local law or regulation
• Your infringement or violation of any third-party intellectual property, privacy, or publicity rights
• Content you submit to the platform that is knowingly false, fraudulent, defamatory, or otherwise unlawful

Exclusions. Your indemnification obligation does not extend to, and you have no duty to defend, any claim to the extent it arises from: (a) the gross negligence, recklessness, or willful misconduct of Wiser Workplace or its representatives; (b) Wiser Workplace’s own breach of these Terms; (c) Wiser Workplace’s failure to implement reasonable security or retention practices as described in our Privacy Policy; or (d) any claim brought by a user asserting statutory rights under the California Labor Code, the California Fair Employment and Housing Act, the California Consumer Privacy Act (as amended), the Americans with Disabilities Act, the California Unruh Civil Rights Act, the California Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.), the California False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.), the California Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), or any other statute conferring rights that may not be waived by contract.

Defense of Claims. Wiser Workplace will promptly notify you of any claim subject to indemnification. You will have the right to select counsel to defend the claim, subject to Wiser Workplace's approval (not to be unreasonably withheld). You will cooperate fully in the defense of any claim, and Wiser Workplace will provide reasonable assistance in the defense.

Settlement. You will not settle any indemnified claim without Wiser Workplace's prior written consent, which shall not be unreasonably withheld or delayed. Any settlement that would impose non-monetary obligations on you requires your written consent.

Severability of Class Action Waiver. If a court or arbitrator determines that the class action waiver in this Section is, in whole or in part, void or unenforceable, the unenforceable portion shall be severed and the remaining arbitration provisions shall continue to apply to individual arbitration of the parties’ claims to the fullest extent permitted by law. Any claim that, by reason of such a determination, may not be arbitrated on an individual basis shall be resolved in the state or federal courts located in Los Angeles County, California, subject in all respects to the California Labor Code § 925 Preservation below and to any non-waivable venue or forum protection applicable to a consumer or California-based employee; the parties do not consent to class, collective, or representative arbitration. This Section shall be interpreted to give maximum effect to the parties’ agreement to arbitrate on an individual basis.

Exceptions: Nothing in this section prevents either party from (a) seeking injunctive or equitable relief in court for urgent matters; (b) filing an individual claim in small claims court if eligible; (c) exercising rights under statutes that prohibit mandatory arbitration of specific claims; or (d) bringing claims for public injunctive relief in any court of competent jurisdiction, including claims under the California Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), the California Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.), the California False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.), or any other statute conferring a right to seek public injunctive relief, consistent with McGill v. Citibank, N.A. (2017) 2 Cal.5th 945. The class action waiver shall not be construed to waive any rights that cannot be waived as a matter of law, including public injunctive relief under California law.

California Labor Code § 925 Preservation. Nothing in Section 26 or Section 27 shall be construed to require an Employee User who is a California-based employee to waive any venue, choice-of-law, or forum protection that would otherwise apply under California law, including without limitation Cal. Lab. Code § 925. To the extent § 925 or any analogous California statute applies to a particular dispute, the protections of that statute control over any contrary provision of these Terms.

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Any disputes not subject to arbitration shall be brought exclusively in the state and federal courts located in Los Angeles County, California. You consent to the jurisdiction and venue of those courts and waive any objection to jurisdiction or venue based on inconvenient forum.

Wiser Workplace shall not be liable for any delays or failures caused by circumstances beyond our reasonable control, including but not limited to natural disasters, war, pandemics, government actions, utility or infrastructure failures, cyberattacks, or labor actions. We will make reasonable efforts to resume normal operations as quickly as possible.

Entire Agreement: These Terms, together with our Privacy Policy (incorporated by reference), constitute the entire agreement between you and Wiser Workplace regarding your use of the Services and supersede all prior agreements, understandings, negotiations, and discussions, whether written or oral.

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be reformed to the minimum extent necessary to make it valid and enforceable, or if not possible, severed from these Terms. The remaining provisions shall remain in full force and effect and shall be construed as if the invalid provision were removed.

No Waiver: The failure of Wiser Workplace to enforce any right or provision of these Terms does not constitute a waiver of that right or provision, nor does it constitute acceptance of any subsequent breach. Any waiver must be in writing and signed by an authorized representative of Wiser Workplace.

Assignability: These Terms cannot be assigned, transferred, or delegated by you without Wiser Workplace's prior written consent. Any attempt to do so shall be void. Wiser Workplace may assign these Terms in its sole discretion upon notice to you.

Notices: All notices under these Terms must be in writing and delivered by: (a) personal delivery; (b) certified mail, postage prepaid; (c) email; or (d) overnight courier. Notices to Wiser Workplace shall be sent to support@wiserworkplace.com or the mailing address in the Contact Information section below. Notices to you shall be sent to the email address associated with your account or to your mailing address on file. Notices shall be effective upon receipt.

Headings Not Controlling: Section headings and titles in these Terms are for convenience only and do not affect the interpretation or application of these Terms.

Relationship of Parties: Wiser Workplace and users are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between the parties. You have no authority to bind Wiser Workplace or to represent Wiser Workplace as your agent.

No Referral Fees or Fee-Sharing with Lawyers: Wiser Workplace does not pay, accept, or offer referral fees or finder's fees to or from any lawyer or law firm in connection with any workplace concern routed through the Services. Platform subscription fees are flat fees paid by Employer Users for platform access; they are not contingent on the outcome of any concern.

Employee Access at Launch. At public launch, employees who submit workplace concerns access the Wiser Workplace platform without a subscription. Employer Users are responsible for subscription fees as described in their selected plan. Pre-launch (current state), no payment is collected from any user. Mediator fees in any later mediation conducted by an independent California mediator on the directory are set by the mediator (not by the platform), consistent with California Rules of Professional Conduct 5.4. Wiser Workplace's separate platform fee, if any, is invoiced and paid separately by Employer per Employer's subscription with Wiser Workplace, and is never a percentage of the mediator's fee.

Consent to Electronic Communications: By using the Services, you consent to receive service-related and transactional communications from Wiser Workplace electronically, including account notices, case status updates, response-window reminders, login or one-time-password messages, security alerts, billing notices, agreements, and other communications necessary to operate the Services. Electronic communications shall be deemed to be in writing for purposes of these Terms. Wiser Workplace may deliver such service-related and transactional communications by email, by SMS or text message to a cellular telephone number you provide, by in-app notification, or by posting on the platform. Your consent under this paragraph applies only to service-related and transactional communications. Wiser Workplace will not send marketing or promotional text messages to your cellular telephone number unless you separately provide prior express written consent in compliance with the Telephone Consumer Protection Act, 47 U.S.C. section 227, including a separate opt-in checkbox specific to SMS marketing, before any such messages are sent. Standard message and data rates from your carrier may apply. To stop receiving service-related text messages, reply STOP to the message; this may impair our ability to deliver time-sensitive updates about your matter.

California Consumer Rights and Disclosures: If you are a California consumer, the following additional disclosures and rights apply:

• Under California Civil Code § 1798.100 et seq. (California Consumer Privacy Act), you have the right to know what personal information is collected, to delete personal information, to opt out of sale of personal information, and to non-discrimination. See our Privacy Policy for details.
• If you have any questions or complaints regarding these Terms or our practices, you may contact us at support@wiserworkplace.com.
• The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted at: Department of Consumer Affairs, 235 Montgomery Street, San Francisco, CA 94104, or by calling (415) 510-0400.

Wiser Workplace reserves the right to modify, amend, or change these Terms at any time in its sole discretion. Material changes to these Terms will be communicated to users via email or prominent notice on the Services at least 30 days before the changes become effective. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of the revised Terms. If you do not accept any changes, you may discontinue use of the Services. Amendments do not apply retroactively: no amendment will apply to any claim that accrued, or any dispute of which either party had notice, before the effective date of the amendment; such claims and disputes are governed by the version of these Terms in effect when the claim accrued or notice was given.

Non-material changes may be made without advance notice. Wiser Workplace will update the "Effective Date" at the top of these Terms to reflect any changes.