Individual User Terms
These Wisq Individual User Terms (these “Terms”) govern your access and use of the Wisq Inc. enterprise social platform, or the Wisq Inc. mobile or desktop applications (collectively, the “Services”). Please note that although the Services community in which you participate may already be established, these Terms still apply to you as a user of the Services and participant in that community.
The Services are not intended for and should not be used by anyone under the age of sixteen. You represent that you are over the legal age and are the intended recipient of Customer’s invitation to the Services. You may not access or use the Services for any purpose if either of the representations in the preceding sentence is not true.
You are an Authorized User of a network sponsored and controlled by our Customer using our Services (the “Network”). Our Customer has entered into a separate written agreement with us (the “Customer Agreement”) under which we provide the Customer with the ability to create and configure the Community in which you have been invited to participate (each individual granted access to the Services is an “Authorized User”)
When you submit content or information to the Services, such as messages, posts, or files (“Customer Data”), you acknowledge and agree that under the Customer Agreement, the Customer Data is owned by Customer and Customer has many rights with respect to the Customer Data and the Community, and may exercise those rights itself or by instructions to us. Customer’s instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data, including yours. Please be aware that, in particular, Customer administrators may be able to see all of your content, information, or history including within direct messages and private groups.
Disclaimers; Limitation of Liability
The Services are intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws, any statutory warranties, guarantees, rights or remedies you have do not apply, and our liability is limited (at our option) to the replacement, correction or redelivery of the Services or the pro-rata refund to Customer of pre-paid fees for your subscription covering the remainder of the then-applicable subscription term.
As between us and Customer, you agree that it is solely Customer’s responsibility to (a) inform you and any authorized users of any Customer policies and practices regarding the access to and use of the Services and their processing of Customer Data, including Customer Data you submit or regarding your access to and use of the Services; (b) obtain any rights, permissions or consents from you and any other Authorized Users that are necessary for the lawful collection and processing of Customer Data and the operation of the Services; (c) ensure that the collection, transfer and processing of Customer Data under the Customer Agreement is lawful; and (d) respond to and resolve any dispute with you and any Authorized User relating to or based on Customer Data or the Services.
If we believe that a violation of the Customer Agreement, these Terms, the Acceptable Use Policy, or any of our other policies has occurred, we will, in most cases, ask Customer to take action rather than act directly ourselves. We reserve the right to directly take what we determine to be appropriate action (including disabling your account) if Customer does not take appropriate action or we believe there is a meaningful risk of harm to us, the Services, Authorized Users, or any third parties.
THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “ AS AVAILABLE” BASIS. WISQ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU REGARDING THE SERVICES, AND DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY) TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITATION TO OUR RIGHTS AND REMEDIES UNDER THE CUSTOMER AGREEMENT, YOU AS AN INDIVIDUAL YOU WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THESE TERMS. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THESE TERMS IS ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.
These Terms remain effective until either Customer’s Services subscription for you expires or terminates, or your access to the Services has been terminated by us or Customer. Please contact Customer if you at any time or for any reason wish to terminate your account.
The sections titled “Customer Relationship,” “Disclaimers; Limitation of Liability,” “Term; Survival,” and all of the provisions under the heading “General Provisions” will survive any termination or expiration of these Terms.
Except as otherwise set forth herein, all notices under these Terms will be by email, although we may instead choose to provide notice to Authorized Users through the Services. Operational notices to us should be sent to , except for legal notices, which must be sent to . A notice will be deemed to have been delivered the day after it is sent. Notices under the Customer Agreement will be delivered solely to Customer in accordance with the terms of that agreement.
If any part of the Agreement is held unenforceable or invalid, in whole or in part, by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach of that or any other provision.
You may not assign any of your rights or delegate your obligations under these Terms, without our prior written consent. We may assign these Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
Governing Law; Venue; Fees
These Terms and any disputes arising out of or related hereto, will be governed exclusively by the same applicable governing law of the Customer Agreement, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The courts located in the applicable venue of the Customer Agreement will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms. Each party hereby consents and submits to the exclusive jurisdiction of such courts. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
These Terms, including any terms or policies incorporated by reference into these Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency among the provisions of the Customer Agreement, these Terms and any other documents or policies referenced in these Terms, the order of precedence is: (1) the Customer Agreement, (2) these Terms, and then (3) the other documents or policies referenced in these Terms. Customer will be responsible for notifying Authorized Users of any such conflicts or inconsistencies and until such time the terms set forth herein will be binding.
If there are any questions regarding these Terms, we may be contacted using the information below.
835 Main Street
Redwood City, CA 94063