Welcome to Wisdo, an online service that offers peer support, coaching, and referrals to clinical and community resources (the "Content" and the "Service"), owned and operated by Wisdo Ltd. ("we","our", "us"). The Content may be provided in text, audio, or visual form. Access to the Service is available through our designated mobile application for smartphones or via web browsers (the "App").
Please carefully read the following Terms of Use (the "Terms"). By using, accessing or registering with the Service, you agree to be bound by the Terms. If you do not agree to the Terms, you may not use the Service.
The Service is provided for informational purposes only. It is not, and is not intended as, a substitute for qualified professional advice, guidance, counseling, rehabilitation, or treatment. Always seek the advice of qualified health care professionals for medical or health-related issues.
IN CASE OF A MEDICAL EMERGENCY, CONTACT YOUR LOCAL MEDICAL EMERGENCY DISPATCH CENTER IMMEDIATELY.
The Service is not intended as, and does not provide, any investment or financial advice whatsoever. The Service is neither a licensed financial advisor nor a licensed investment advisor. With respect to any financial or investment decisions, it is strongly recommended that you conduct your own research and due diligence investigation to properly evaluate the benefits and risks of any investment or financial transaction. It is also strongly recommended that you seek the advice and guidance of qualified accountants, financial advisors, tax advisors, and investment advisors in connection with any investment or financial transaction.
You may only use the Service if you are an individual over the age of 18. By using, accessing or registering with the Service, you declare that you are at least 18 years of age. We may terminate your account if we find that you are younger than the minimum age specified above. We may at any time request additional information to confirm your age.
Use of the Service may involve the use of third-party services and platforms, such as Facebook, Apple, Google, etc. (“Third Party Platforms”). For example, you may “sign in” through Third Party Platforms. Use of Third Party Platforms is governed by their respective terms of service, not by these Terms. You bear the sole and exclusive responsibility for complying with those other terms of service.
You may search and read limited Content as an unregistered user (“Guest”) or gain full access to our Service as a registered user (“Registered User”).
To become a Registered User, you will need to sign up. You may sign up through your Facebook or Google account login or by creating an account on the Service. We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with the Service.
You are solely responsible for all acts or omissions associated with your access and use of the Service or your User account. Registered Users are prohibited from selling or transferring their User account information or making it available to anyone else.
We reserve the right to request additional information to verify your identity. If you fail to provide us with the requested information, we reserve the right to suspend or terminate your User account pursuant to these Terms.
False information. If we believe that the information you provide is false, deceptive or offensive, we reserve the right to suspend or terminate your user account or your access to the service.
Content presented through the Service, including the timelines and their milestones and the content of your online discussions or chats with other Registered Users, are all provided for informational purposes only. Such Content may originate from us, you, other users or third parties, as well as from collaborative editing.
Registered Users may post Content on or through the Service and interact with other Users in different ways, as further described within the relevant sections of the Service. As a Registered User, you can engage with other Users by following their activities, commenting on, or sharing their Content. You will be presented with the activities and Content of Users you follow as well as other Content we believe you may be interested in according to your account preferences.
Our messaging feature allows you to chat with other Registered Users, either privately or in a group. Likewise, other Users can communicate with you. If you do not want a certain User to send you messages, you may block that user via the Service.
At any time, you may change your personal preferences and the way you use the Service, by using the tools provided therein and on your personal account, as may be available from time to time.
The inclusion of any Content on or through the Service does not constitute our endorsement, sponsorship, recommendation or encouragement to suggest, or comply with any advice, engage in any interaction, activity, transaction or dealings with any third party, or an authorization or representation of our affiliation with any third party.
Any and all communications and interactions between you and other users of the Service, and all consequences resulting from the above, are strictly between you and such third party. We are not liable for it. Other than facilitating your interaction with other users, we are not actively involved in the communications, interactions, and other dealings between users.
WHEN YOU USE THE SERVICE TO SUBMIT CONTENT, YOU REPRESENT AND WARRANT TO US THAT:
Subject to our Privacy Policy, by submitting or posting Content to or on the Service, you grant us a perpetual, royalty-free, free-of-charge, worldwide, non-exclusive, sub-licensable and transferrable license, to use such Content for the Service (“License”).
NOTE: We do not use your Content and personal information for marketing purposes and we do not sell your Content to other parties.
We may, at any time, in our sole discretion and without prior notice to you, remove, edit, modify, or reclassify any Content you submitted to the Service, without any liability to you.
When you download the App and register to Wisdo, you receive a basic version of the App which you may use free of charge. However, gaining full access to all of Wisdo’s communities and other features are subject to fees at the rates and schemes as posted on the relevant pages of the Service ("Fee-Based Services"). Fee-Based Services can only be paid through the payment methods we establish from time to time. At this time, payment for Fee-Based Services is charged and collected through in-app purchase by Apple or Google (“In-App Payment Methods”). We are not responsible for the terms, rules and practices of these Third Party Payment Methods. They are subject to their own terms, which you should carefully read. We may also, at any time and in our sole discretion, change a free-of-charge feature to a fee-based feature, in which case we will inform you about it. If we change a free-of-charge feature to be chargeable, we will let you know and obtain your approval to any such charges.
Currency and Rates
Fee-Based Services are charged through the In-App Payment Methods and Third Party Payment Methods in the currency determined by them. In accordance with the rules of these In-App Payment Methods and Third Party Payment Methods, you may be able to pay through a different currency, at your choice.
Refund and Cancellation for Fee Based Services
Refunds and cancellations made for purchases via AppStore will be made in accordance with the terms of the AppStore, the govern refunds and cancellations.
Otherwise, such as if you purchased Fee-Based Services through Google Play, the following rules apply:
Other than in the above instances, you are solely responsible for paying all applicable fees for the Fee-Based Services that you purchased, whether or not you actually attend, enjoyed or otherwise benefited from them.
Subject to these Terms, you may use the Service, exclusively for your private and personal purposes. While using the Service, including engaging in Coaching Services, you must refrain from:
Without derogating from any of the above, you may not post, disseminate, transmit or otherwise communicate through the Service any Content which:
We respect your privacy. Our Privacy Policy, which is incorporated into these Terms by reference, explains the privacy practices on the Service.
The Service may contain links to content published on other websites or external sources, provided by third parties. We do not operate or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.
We and our licensors own all rights, title and interest in and to the Service, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith. This includes, but is not limited to, the artistic and graphical design of the Service and the artistic and graphical design of the timelines.
Other than as expressly permitted in the Terms and offered by the Service’s functionality, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Service, any part thereof or any of the Content on or of the Service (except for your own Content that you yourself created), either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means.
You may not adapt or otherwise use, including in any Internet domain name, any name, mark or logo that is similar to our marks and logos. You must refrain from any action or omission which may dilute, or tarnish our goodwill.
You may only edit or remove Content you posted in accordance with our Content-posting procedures for the Service. We may, at any time, and without prior notice, modify such procedures.Â
Any requests to remove Content from the Service that purportedly infringes or violates copyrights must be made in accordance with our Content Takedown Policy, which is incorporated in these Terms by reference.Â
Requests you submit to remove Content from the Service will be evaluated, among other things, in light of the privacy-related consents you have given through our Privacy Policy.
From time to time, we may change the Service's structure, layout, design or display, as well as the scope and availability of the information and content therein, or the access thereto, without prior notice. Changes of this type by their very nature may result in glitches or cause inconvenience of some kind. You will have no plea, claim or demand whatsoever against us or our directors, officers, employees, agents, advisors, coachs, subcontractors and assignees (collectively, our “Staff”), resulting from such changes, from glitches or any kind of failure resulting from their introduction.
The availability, quality and functionality of the Service depend on various factors, including software, hardware and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free.
WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, WILL PROPERLY STORE THE CONTENT, WILL PROPERLY POST THE CONTENT, OR THAT IT WILL BE ACCESSIBLE OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.
You acknowledge that the Service DOES NOT provide any data back-up services, including with respect to any Content or any other data that you upload or use.
We may, at any time, at our sole discretion, change, discontinue or suspend the operation of the Service, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. We are not obligated to give any notice prior to such change, discontinuation or suspension.
We may revise these Terms, in whole, or in part, at any time to time. In such case, we will notify you. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. In case of legal requirement, we may also introduce immediate changes to these Terms. The latest version of the Terms will be accessible through the Service.
In any event, if you do not consent to the amended Terms, you must discontinue your use of the Service.
The service is provided for use “as is” and “with all faults”. We and our staff disclaim all warranties and representations, either express or implied, with respect to the service, the content, the Coaching Services or any services offered through it, your user account, any interaction related to the service, any communication made by the service and third party platforms, as well as for any third party software or hardware, including any warranties of merchantability, fitness for a particular purpose, safety, effectiveness, quality, reliability, non-infringement, title, compatibility, performance, availability, security or accuracy.
Wisdo and its staff shall, to the maximum extent permitted by the applicable law, not be liable for any indirect, special, punitive, exemplary, statutory, incidental or consequential damage, or any similar damage or loss (including loss of profit and loss of data), costs, expenses and payments, either in tort (including negligence), contract, or in any other form or theory of liability, arising from, or in connection with the service, the content, the Coaching Services, and services offered through it, the use of, or the inability to use the service, or your user account, or any communication or interactions with the service, other users or in connection with third party platforms, or any communications, interactions, dealings, engagements and transactions with others on or through the service, or from any failure, error, or breakdown in the function of the service, or from any fault, or error made by our staff, or from your reliance on content available on the service, or any denial of your access to the service, or retention, deletion, disclosure and any other use or loss of content on the service or our systems, or from any reliance made by you on third party software or hardware. To the greatest extent permissible under law, the total aggregate liability of wisdo and its staff for any damages either in tort (including negligence), contract, or in any other form or theory of liability, arising from, or in connection with the service, the content, the Coaching Services, and services offered through it, shall be capped at the total fees you have paid (if any) wisdo in the twelve months preceding the event purportedly giving rise to the damage. The above liability cap will not apply where prohibited by law, such as liability for bodily injury arising from wisdo’s negligence, or liability arising from wisdo’s willful misconduct or fraud.
You acknowledge and agree that the use of the service is entirely, or to the maximum extent permitted by the applicable law, at your own sole responsibility.
You are solely responsible for Content you provide and communicate through the Service, and for all consequences associated with it, as well as for any communications you make with other users of the Service.
You will indemnify and hold us harmless, to the maximum extent permitted by law and promptly upon our notice, from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs), related to any allegation or claim brought against us related to your actions, communications, Content, Coaching Services or information submitted to or made through the Service.
Termination of these Terms.
You may, at any time, terminate your adherence with these Terms by providing us with written notice of termination, and your concurrent termination as a User of the Service. Termination by Us., we may terminate these Terms and your right to use the Service at any time, in our sole discretion and without prior notice by issuing you a notice of such termination, blocking your access to and use of the Service, or in any other manner contemplated by these Terms. Upon termination by us or by you, you must discontinue any and all use of the Service. Termination of these Terms will not preclude our continued use of Content you have provided to us with the License thereto and any information we have obtained while you used our Service prior to termination. In any event, our continued use of such materials and information will be in accordance with our Privacy Policy.
Consequences of Termination.
See our Privacy Policy for details regarding retention and deletion of your personal information. The following sections shall survive any termination, or expiration of the Terms: The Content, Privacy, Intellectual property, Limitation of Liability, Consequences of Termination, Governing Law & Jurisdiction, General.
Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed solely in accordance with the laws of the State of New York, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of New York.
ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND THE US REGARDING THESE TERMS OR THE USE OF THE SERVICE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SETTLED THROUGH BINDING ARBITRATION (RATHER THAN IN COURT) BY TELEPHONE, ONLINE OR BASED SOLELY UPON WRITTEN SUBMISSIONS WITHOUT IN-PERSON APPEARANCE, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA), UNDER ITS CONSUMER ARBITRATION RULES (WHICH ARE AVAILABLE AT WWW.ADR.ORG). THE SUBSTANTIVE LAW OF ARBITRATION SHALL BE THE LAWS OF THE STATE OF NEW YORK.
JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
HOWEVER, YOU MAY LODGE CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIM QUALIFIES.
THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
PAYMENT OF FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S CONSUMER ARBITRATION RULES. THESE FEES WILL BE SHARED AS FOLLOWS: ONE THIRD BY YOU AND TWO THIRDS BY US, UNLESS THE ARBITRATOR: (I) DETERMINES THAT THE CLAIMS ARE FRIVOLOUS, IN WHICH CASE THE CLAIMANT SHALL BEAR ALL SUCH FEES ARISING FROM THE FRIVOLOUS CLAIM; OR (II) DETERMINES THAT THE FEES SHOULD BE ALLOCATED DIFFERENTLY.
YOU AND WE HEREBY ACKNOWLEDGE, AGREE AND COVENANT THAT ANY DISPUTES SHALL ONLY BE ADJUDICATED IN ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT IN CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDINGS.
YOU MAY OPT-OUT OF THE ABOVE ARBITRATION CLAUSE BY EMAILING US TO INFO@WISDO.COM , WITHIN SEVEN (7) DAYS OF YOU ENTERING INTO THESE TERMS FOR THE FIRST TIME, AN OPT-OUT NOTICE THAT IDENTIFIES YOURSELF AND CLEARLY SETS OUT YOUR CHOICE TO OPT OUT OF DISPUTE RESOLUTION BY ARBITRATION. IN CASE OF SUCH OPT-OUT, ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND US REGARDING THESE TERMS OR THE USE OF THE SERVICE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS IN NEW YORK COUNTY IN THE STATE OF NEW YORK, USA.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, EITHER PARTY MAY ASSERT: (A) AN IMPLEADER CLAIM AGAINST THE OTHER PARTY IN ANY COURT OF COMPETENT JURISDICTION ADJUDICATING A THIRD PARTY CLAIM; (B) A CLAIM ALLEGING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS (INCLUDING COPYRIGHTS AND TRADE SECRETS), IN ANY COURT HAVING GENERAL OR SPECIFIC JURISDICTION OVER THE DEFENDANT.
Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
These Terms may only be modified by written amendment duly executed by us, in accordance to the “CHANGES TO THE TERMS” clause above. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative.
Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
You may not assign or transfer your rights and obligations under the Terms without our prior written consent, which consent shall not be unreasonably withheld. Any attempted or actual assignment by you, without our prior consent, shall be null and void. We may assign these Terms in their entirety, including all right, duties, liabilities and obligations therein, upon notice to you and without obtaining your further specific consent, to a third-party, upon a merger, acquisition, change of control or the sale of all or substantially all of our equity or assets, whereby virtue of such assignment, the assignee assumes in our stead, all right, duties, liabilities and obligations hereunder.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
You may contact us with any question that you may have with respect to the Service, at: info@wisdo.com
