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.
Mediator Network: Mediators available through the Wiser Workplace platform are independent contractors, not employees, agents, or representatives of Wiser Workplace. Wiser Workplace facilitates the connection between parties and mediators but does not control, direct, or supervise the manner in which mediators conduct mediations. Each mediator is solely responsible for their own professional conduct, qualifications, and compliance with applicable laws and ethical standards. Wiser Workplace does not guarantee the outcome of any mediation.
Employee Access: Use of the Wiser Workplace platform is always free for employees who submit workplace concerns. Employees are never charged a subscription fee or a per-mediation fee. Employer Users are responsible for all subscription and per-mediation fees as described in their selected plan.
Consent to Electronic Communications: By using the Services, you consent to receive all communications from Wiser Workplace electronically, including notices, agreements, and other information. Electronic communications shall be deemed to be in writing for purposes of these Terms. Wiser Workplace may deliver electronic communications by email, SMS, in-app notifications, or through posting on the platform. Your consent applies to all electronic communications from Wiser Workplace or its service providers.
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.