Terms of Use


wiseHer, owned by wiseHer, Inc.  provides an online platform that connects subject matter experts that we call “Experts” with information seekers that we call “Users”.  wiseHer provides these through an online portal “site” or through “applications”. You acknowledge and agree that by using the site or application, including downloading or posting content from the site or application, you have ready and are legally bound by the following terms of use, or “Terms”, whether or not you become a registered user.

These terms apply to your access of the Site, Experts and Services and constitute a legally binding agreement between you and wiseHer. Please read these Terms and the Privacy Policy carefully.  If you do not agree with these Terms, please do not use our site or applications.

wiseHer facilitates connection Experts with advice seekers through the site or applications.  We will also offer content in the form of blog posts. You understand and agree that wiseHer is not a party to any agreements made between Users and disclaims all liability for the conduct of members or users of the site.

Modification
wiseHer reserves the right at its sole discretion to modify the site or these Terms at any time without prior notice.  If we modify the Terms we will post the modification on the site or application and post a “last updated date” at the top of these Terms.

If at any time the Terms are not acceptable to you please cease using the site.

Age Eligibility
The site and services are intended for persons over the age of 18.  Any access to the site by those under 18 is prohibited. By using the site you represent and warrant that you are 18 or older.

How it works
The site provides a directory of Experts that Users can search and schedule an appointment with to gain the Expert’s advice or ideas. You may view listings and some content as an unregistered user but if you want to schedule a call or use some of the content you may be directed to sign up for an an account.

wiseHer’s role is to facilitate calls to experts via appointment scheduling, call coordination, and payment facilitation.  We do not accept responsibility for any information given by the Expert or for any content or advice exchanged between Users and Experts.  While our Experts are hand-selected, we do not independently verify credentials of our Experts. All members using the site do so at their own risk.  We are not responsible for any loss or damage caused by your reliance on information provided by the site or its Experts.

Experts may be providing advice based on their professional certifications/licenses, but no professional-to-client relationship exists as a result of the consultation. For example, if you seek a lawyer for advice on wiseHer, at no time does this constitute an attorney/client relationship, and if you seek a therapist for advice on wiseHer, at no time does this constitute a therapist/patient relationship.  No privilege exists or is implied. All calls are recorded. The site is not HIPAA compliant. Any information shared, whether about your health or otherwise, should be considered public when shared on or through the site. Financial planners must abide by their industry’s own rules governed by the SEC.

Experts are Independent

wiseHer does not employ or “hire” Experts; our role is simply to facilitate connecting Experts with Users and to process payment between the User and the Expert.  wiseHer will send payment to the Expert minus our fees (see Expert payment terms in FAQs). wiseHer makes no promises of employment now or in the future.

User Accounts
As stated above, wiseHer may require you to create an account to view certain pieces of content or to schedule a call with an Expert.  Please review our Privacy Policy [INCLUDE LINK] for information about what personal information we collect.

As a User, you can schedule calls with Experts to get information to help you solve business, career and life challenges. wiseHer does not endorse any Experts on its site. You alone are responsible for reviewing or confirming any Expert’s purported credentials, identity and suitability to help you with your challenge.  By using the site, applications or services, you agree that wiseHer will not be held responsible for any Expert’s actions or omissions.

Expert Listings
Experts may create listings to offer services to other Users. To create a listing you will need to provide information regarding your expertise to the general public.  This information will be searchable and discoverable in Google and other search engines.

Users will be able to schedule an appointment with you through the site or application.  You understand and agree that once the call is confirmed, you will show up for the call on time and prepared.

You further agree that you will answer the User’s question without selling or promoting your own services.  Only after the question is answered to the best of your ability will you be allowed to discuss any other programs, events, publications that personally benefit you as an expert.  Furthermore, all conversations should be considered confidential unless otherwise agreed or as required by law.

You acknowledge and agree that you alone are responsible for your actions or for the content you post or share with Users. You also agree that any of the advice you give Users will not breach any agreements you may have with third parties (including employers) and you will comply with applicable laws, tax requirements and rules and regulations that may apply. wiseHer is not responsible for any of the content of the listing you post nor the content of the call and information you provide.

wiseHer reserves the right, at any time and without notice, to remove or disable access to an Expert for any reason at all.

Expert Content, Financial and Appointment Terms

If you are an Expert, you agree that when an appointment call request is received from a User, you will confirm, reject or make another suitable time contact within 24 hours or the request will be automatically cancelled.

When an appointment is scheduled with you, we will provide you via email with the name of the user, the topic they are requesting assistance with. When you confirm the appointment, you will receive an email and a text message with the information for the call.

As part of your agreement to be an Expert, you agree to grant wiseHer a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, view, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit certain professional and publicly available content generated by you.

As part of the foregoing license, you agree that wiseHer may access, copy and re-post content from any of your publicly-available sites, including blog posts posted on your own site, content posted on any social networks, blog sites, youTube or other video sites. Such content always belongs to you and we will always attribute your content to you.

Appointments and Financial Terms for Users

You as a User are responsible for honoring any confirmed Appointments with Experts. Please see our FAQs for specific terms around fees.

In connection with your payment, you will be asked by our third party provider, Stripe, to provide billing information.  You agree to pay wiseHer for any completed appointments in accordance with these terms and authorize the collection of the amounts by stripe.com.  Please review the terms and conditions and privacy policy provided by stripe before agreeing to use their service. wiseHer does not keep any financial information on file.  You agree to indemnify wiseHer from and hold us harmless against any claims arising from our third party payment processor.

Once you and the expert agree on a time, you will receive an email and/or text message with information confirming the appointment.

General Financial Terms


Refunds

Appointments can be cancelled without penalty with 24 hours advance notice.  Experts take the time and block out their calendar so it is only fair that you pay for their time if you cancel at the last minute.  If you feel you have been improperly charged for any reason, please contact wiseHer at refunds at wiseher dot com.

Package expiration dates

Calls can be purchased on an a-la-carte basis or in packages.  Call credits purchased with call packages expire 12months from date of purchase.


Taxes

As all experts are not employed nor independent contractors of wiseHer, we only facilitate the exchange of information, therefore, you agree that you alone are responsible for determining your applicable tax requirements in your state/country.

Overall User/Expert Conduct

All calls on the site are recorded.  
By agreeing to these terms, you give wiseHer express permission to record all calls and listen to them for quality purposes and use the information, minus your name or likeness for promotion purposes. All call recordings are stored in your dashboard until you delete your account from our site. You further agree that wiseHer is allowed to use those recordings to better understand the challenges the audience faces and use them for research or AI/NLP technology.

Advice Accepted and Acted on at Users Sole Discretion:

Given the unique nature of user’s businesses, there are many areas of uncertainty. Hence users must understand and accept that advice they receive from wiseHer experts is offered without any guarantee that the advice is appropriate and relevant, and further that the advice may turn out to be counterproductive. Users understand that the responsibility is theirs, and theirs alone, to decide whether or not – and how - to act on the advice they receive from their wiseHer experts. Caveat Emptor applies.

Users understand and agree that users are alone responsible for compliance with any and all laws, regulations and tax obligations with users's use of the site or application and further agree that you will not:

 

wiseher reserves the right to investigate and prosecute any violations of the above.  We reserve the right to remove or disable access to any party deemed in violation of the above and will prosecute the the fullest extent of the law.  

Confidentiality: As previously mentioned, all calls are recorded and their content may be used for marketing and/or AI, NLP technology.  In the event that the call information is used, we will not use your name or any other identifying information without your consent.  Users shall take responsibility for deciding what to disclose and what not to disclose. Since the primary purpose of the wiseHer is to provide business, career or life advice, we encourage users to refrain from disclosing proprietary details, especially information that could jeopardize their pursuit of intellectual property protection or may be of a highly personal nature. Users should be able to describe the challenge they are experiencing without releasing confidential information. Hence, generally, it is assumed that users will not require experts to sign non-disclosure agreements. (Experts are free to make exceptions to this general guideline.)

Liability: Users use or do not use advice offered by wiseHer experts in their sole discretion and as such neither experts or wiseHer have any liability whatsoever for users ultimate decisions.

Users/Expert Content and Photo/Video Rights
Users may post reviews about Experts and content.  From time to time we may also solicit member content blogs, events and article.   By applying and/or submitting content, reviews, uploading pictures/videos or posting reviews you grant wiseHer a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, or by means of wiseHer.  You also agree, by becoming an expert, that wiseHer may re-post content you have previously written on any of your public sites for their own marketing purposes.

You acknowledge and agree that you are solely responsible for all user content that you make available through wiseHer. You also represent that you are the owner of the content and that you did not copy or reproduce content from another party or you have all rights, licenses, consents and releases that are necessary to grant to wiseher the rights to use the content. You further acknowledge that your content does not misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links
The wiseHer site or application may contain links to third party websites or resources including but not limited to ebooks, blog posts and videos.  Some of these links may be affiliate links in which wiseHer gets compensated for sending traffic to another site or when a purchase is made from an affiliate partner.  You acknowledge and agree that wiseHer is not responsible or liable for the availability or accuracy of the websites and does not have any responsibility for content on those third party sites.  Links do not imply an endorsement of the products or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.  You further agree that any information collected about you from these third party sites is solely owned by the third party service and wiseHer is not liable for any personal information about you collected therein.

Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of wiseHer used herein are trademarks or registered trademarks of wiseHer. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Copyright Policy
If you infringe on another person’s copyright you will be terminated from wiseHer.

Reviews and Feedback

Reviews of Expert services are a very important part of the wiseHer experience. You agree to post fair reviews of services rendered. No libelous or defamatory postings will be allowed and you can have your account terminated for doing so.

We also welcome your feedback about the site or applications.  By providing us with your feedback, you hereby acknowledge and agree that the feedback will be the sole and exclusive property of wiseHer and you hereby irrevocably assign to wiseHer and agree to irrevocably assign to us all of your rights, title, and interest in and to all feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.

If you feel at any time that any User is acting inappropriately for ANY reason or if you are uncomfortable providing feedback directly on the site, please contact us immediately and/or report such person to the proper authorities.

Copyright Notice and Take Down Procedures

1. Notice of Claims


If you believe any post or information on the site or application infringes your copyright or copyright or trademark rights, you may request such content be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact wiseHer’s copyright agent (identified below) and provide the following information:

·      A clear statement identifying the works, or other materials believed to be infringed.

·      A statement from the copyright holder or authorized representative that the content is believed to be infringing.

·      Sufficient information about the location of the allegedly infringing content so that wiseHer can find and verify its existence.

·      Your name, telephone number and e-mail address.

·      A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner's behalf.

·      A signature or the electronic equivalent from the copyright holder or authorized representative.

You acknowledge that if you fail to comply with all of the requirements of this section your DMCA notice may be invalid.

2. Counter-Notice

·      If you believe that your removed content (or content to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:

·      Your physical or electronic signature;

·      Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

·      A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

·      Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the state or federal courts of the Commonwealth of Massachusetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

·      If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored in 10 business days or more after receipt of the counter-notice, at our sole discretion.

wiseHer’s’ agent for notice of copyright issues on the site or application can be reached as follows:

wiseHer, Inc. 860 Worcester Road, Framingham, MA 01772

Attn: Copyright Agent

If you are not sure whether material available online infringed your copyright, we suggest that you first contact an attorney.

Termination and/or Account Deactivation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your wiseher Account.

For Experts: upon termination you will be paid any amounts we owe you and which we are legally obligated to pay you.  

For users: you can cancel your account at any time by sending an email to support at wiseHer dot com. All content recordings, etc. will not be available to you after the time your account is disabled however, it may be available to the site admins for quality purposes.

Disclaimer, Indemnification and Limitation of Liability

You become a user or Expert on wiseHer at your own risk. You acknowledge and agree that wiseHer does not do any background checks on ANY member nor has an obligation to.  The information and advice and content on the site are provided as is without warranty or express confidentiality. We do not warrant that the advice given by our experts will meet your exact requirements and, as we use third party services to conduct calls, the technology may not work perfectly every time.  No advice or information either written or spoken will create a warranty at any time.

You are alone responsible for all communications and interactions with members of wiseHer, whether Experts or other users.  We do not verify statements of the users of the site.

You further agree that to the maximum extent permitted by law the entire risk of you using the site and the advice of its experts, either online or by phone remains with YOU, not wiseHer or any of i’s experts, employees, advisers, directors or investors.  Further you acknowledge that wiseHer will not be liable for any damage to your computer, phone or for personal or bodily injury or emotional distress rising out of the connection with these terms or using the site or phone calls, text messages in conjunction with calls with experts or viewing site content.
 

You agree to release, indemnify and hold wiseHer and any of its affiliates and subsidiaries, their officers, directors, employees, agents or investors harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the site, application, or your violation of these Terms; (b) your content and (c) your (i) interaction with any other use, (ii) reliance on any information exchanged via the site or application, or (iii) creation of a listing. wiseHer shall have the right to control all defense and settlement activities.

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WISEHER BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF WISEHER TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED $50.00.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


While we strive to protect your information in accordance with our Privacy Policy, wiseHer can not be liable for the privacy of personal information stored on wiseHer’s equipment, transmitted over networks accessed by the site or application, or otherwise connected with your use of the site or application.

Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without wiseHer’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. wiseHer may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of Massachusetts and the United States of America, without regard to its conflict-of-law provisions. Any action brought against wiseHer to enforce these Terms or matters related to the Service will be brought in either the state courts or, if there is exclusive federal jurisdiction, the federal courts of The Commonwealth of Massachusetts. Any claim or cause of action you have with respect to use of the Service must be commenced within one (1) year after the claim arises. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees.

If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force.

Severability
These Terms are intended to govern the agreement between wiseHer and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.

Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between wiseHer and you regarding the site or applications, and these Terms supersede and replace any and all prior oral or written understandings or agreements between wiseHer and you regarding the same.

General
The failure of wiseHer  to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of wiseHer. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.  Further, you agree that we may assign these rights to an new entity if we should be acquired or merge with another organization.

Contacting wiseHer

If you have any questions about these Terms, please contact wiseHer at:

Mail:

wiseHer, Inc.

860 Worcester Road

Framingham, MA 01701

Email:

Support at wiseHer dot com