Terms and Conditions
Updated: March, 2021
1. Acceptance of Terms
These terms and conditions are applicable between the user ( also referred to as the Customer) and WiseApp ( also referred to as the Company). Please read these terms and conditions carefully, as they affect the customer’s legal rights. The customer’s agreement to comply with and be bound by these terms and conditions is deemed to occur upon his/her first use of the company’s services/products. If the customer disagrees to be bound by these terms and conditions, he/she should stop using the WiseApp services immediately.
In these terms and conditions, user also means any third party that accesses the WiseApp services and is not either (i) employed by WiseApp and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to WiseApp and accessing the WiseApp services in connection with the provision of such services.
The customer must be at least 18 years of age to use WiseApp services. By using the WiseApp services and agreeing to these terms and conditions, the customer represents and warrants that he/she is at least 18 years of age.
This Agreement can be changed by the Company time and time again. Whenever the changes are done in the Agreement, we will post them on this page and will indicate the date these terms were last revised at the top of this page. The Customer will be notified by us, through reasonable means including Service user interface, in an email notification, or any other means. Such changes will become effective no earlier than fifteen (15) days after they are posted, except that changes made for legal reasons or changes addressing new functions of the Services will be effective immediately. Customer’s continued use of the Services after the date any such changes become effective constitutes Customer’s acceptance of the new Agreement.
2. WiseApp Services
2.1 WiseApp offers premium services like Wise Meetings and Wise Visits. These services are designed to help and modernize the meaning of meeting room management and visitor management. As a customer of WiseApp, the customer is entitled to use these services as and when he/she wants. In order to do so, the customer would need to register his/her details like the first and last name, company name, date of birth, etc. Once the customer opens an account with WiseApp, the customer is entitled to use any of the services provided by the company. It also becomes the company’s responsibility to ensure the safety and security of the information provided. The company is also obliged to ensure that the customer gets all the necessary support the customer needs which it will provide to the best of its abilities as per the company’s standard support practices.
2.2 None the less, a customer of WiseApp services is equally responsible to enter, update, and maintain this information as required to keep it accurate, current, and complete. The information requested on the original signup shall be referred to as registration data (“Registration Data”). Suppose the Company discovers that any of the customer’s registration data is inaccurate, not current, or incomplete. In that case, the Company may terminate the customer’s right to access and use the services immediately upon notice to the customer.
2.3 The customer will be responsible for maintaining and obtaining any ancillary services and equipment that is needed to use or access the services. This includes internet access services, Smartphones, Tablets, iPads and other such equipment. The customer will also be responsible to maintain the security of the files, passwords, customer account and equipment in general.
2.4 For any email to the customer regarding WiseApp services and products, the customer agrees and acknowledges that a source identifier may be added for the service ( this includes a tagline mentioning powered by, a small logo, etc.) The customer also agrees his/her brand identity like the name of the company, the logo etc. can be used by WiseApp in its promotional materials, interviews, press releases, websites, presentations and sales sheets or any other self-promoting channels.
3. Customer Obligations
3.1 No Resale
Only the customer is allowed to access the different services offered by WiseApp – this includes Wise Meetings and Wise Visits. The customer is not authorized to distribute or resell any WiseApp product to third parties.
3.2. Access of Service by Users
4. Maintenance and Support Obligations
WiseApp obligations to provide support services are subject to the following:
- The customer shall reasonably assist WiseApp to duplicate and resolve errors.
- The customer shall document and promptly report all encountered errors or malfunctions related to the Services to WiseApp.
- The Company shall use reasonable efforts to carry out procedures to resolve errors or malfunctions within a good time after such practices have been communicated by the Customer to Us or by a third party acting on WiseApp behalf.
- The Company offers service level agreements for all its customers, details of which will be part of the support contract signed with the customer.
- The Customer needs to report any kind of unscheduled downtime that may cause any inconvenience as soon as possible. As soon as we receive the complaint, our team of experts will look into the matter and develop a proper resolution.
5. Fee payments
5.1 The Customer will pay the Company the then applicable fees described in the Order Form for the Services by the terms therein (the “Fees”). The Company reserves the right to change the Fees or applicable charges and to institute new charges at the end of the Initial Term or then-current renewal term, upon thirty (30) days prior notice to the Customer (which may be sent by email). Suppose the Customer believes that the Company has billed Customer incorrectly. In that case, the Customer must contact the Company no later than 30 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to the Company’s customer support department.
5.2 The Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by the Company thirty (30) days after the mailing date of the invoice. Unpaid amounts may result in an immediate termination of the service. The Company reserves the right to suspend Customer’s access to the Services in the event Customer is delinquent in its payment obligations to Company. The Customer shall be responsible for all taxes associated with the Services other than taxes based on the Company’s net income.
6. Termination of account
6.1 Subject to earlier termination as provided herein, this agreement is for the initial Services term as specified in connection with the signup process for the Services. It shall be automatically renewed for additional periods of the same duration as the initial Services term unless either party requests termination at least thirty (30) days before the end of the then-current term (collectively, the “Term”).
6.2 In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of non-payment) or violation of this agreement and if the other party materially breaches any of terms of this agreement. Either party may also terminate this agreement for any reason upon thirty (30) days prior written notice. Customers will pay in full for the Services up to and including the last day on which the Services are provided. Any pre-paid fees are non-refundable (except for early termination by Company for convenience if undelivered Services were prepaid).
7.1 Each party – the receiving and disclosing party, understands that any information, be it financial, technical, or business-related, which is otherwise known as confidential information, may or may not be disclosed at some point of time. The Proprietary of customer information indicates the information that is provided to the Company that is collected and stored while a person or visitor uses our service. These include any technical or nontechnical, public or non-public information regarding the proposed, or past operations, products, features, technologies including software and so on. The receiving party also agrees to take all the necessary precautionary measures to protect this customer information and do not use it in a non-permissible manner or indulge in any kind of fraudulent activity using the information or sharing the information with any third person when not needed.
7.2 The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public without fault of the Receiving Party, (b) was in its possession or known by it, prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, (d) was independently developed or obtained without the use of any Proprietary Information of the Disclosing Party or (e) is required by law to be disclosed.
7.3 Not with standing the foregoing, Company shall have the right to collect and analyse data and other information relating to the use and performance of the Services and related technologies, and Company will be free to use such information to improve the Services and disclose it solely in aggregate or de-identified forms in connection with its business.
8. Data Rights
8.1 Non-Personally Identifiable Data License and Restrictions are subjected to terms and conditions mentioned in this agreement. The Customer not only agrees to the fact that he/she understands the agreement. The Customer also hereby grants and agrees to the Company’s non-exclusive, fully paid-up, royalty-free, sub-licensable license to modify, copy, reproduce, use, distribute or even exploit the Non-Personally Identifiable Data to support, enhance, and developing the services or to provide any service to any of our other customers.
8.2 Customer will retain all rights to the visit logs and employee information uploaded or created by Customer on or through the Services (“Customer Content”). By submitting, posting or displaying Customer Data and/or Customer Content on or through the Services that are intended to be made available to Users. Customer grants Company a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Customer Data and/or Customer Content solely in conjunction with the Services to perform Company obligations under this Agreement. Customer represents and warrants that it has all rights, power and authority necessary to grant the rights granted herein to any such Customer Data and/or Customer Content.
9. Usability limitations and copyrights
This WiseApp services (Web Portals/Mobiles Solutions/Service) is operated and owned by XYZ Pvt Ltd. Unless it is specified otherwise, the company logos and name are its trademarks along with materials like underlying source code, software compilations, graphics, texts, and design, are the property of the WiseApp services and are protected as per the Indian Government’s copyright laws.
The customer can print and view the material on the WiseApp services only for his/her personal, non-commercial, or informal use by even downloading a copy of the content/ material that is needed. However, the customer is not authorized to make any changes to the scope or publish, distribute, transmit, upload, modify, reproduce, resell/sell any material available on the WiseApp services without prior permission or official written permission on the Company’s letterhead.
Suppose the content or the use of any material is found on any networked computer environment or any other WiseApp services. In that case, it will be considered unauthorized and prohibited. It can violate the country’s copyright laws or any other similar laws about the trademark or Copyright of the material.
10. Warranty Disclaimer
10.1 The Company is responsible for ensuring that consistent efforts are put to maintain the services as the prevailing industry standard. It is also responsible for ensuring no interruptions or minimized errors while the services are in use. The services can have downtime when there is emergency maintenance or any unscheduled emergency to be resolved either through a third party or the Company itself. The Company is also responsible for ensuring that the relevant notifications should go out on time to all the users or subscribers using the company’s services or facilities for any planned downtime or upgrade.
10.2 Never the less, while the Company cannot make any guarantees or false promises, the services are error-free or uninterrupted. It hereby disclaims all warranties, implied or express warranties implied but not limited to any merchantability, non-infringement, or fitness for a particular purpose.
11. Limitations of liability
As per the terms of the agreement, the Company, its employees, representatives, or even suppliers are not liable to pay any fines or fees related to any damages apart from or if there is a person’s bodily injury. The Limitations of Liability also includes
The cost of procurement of substitute technology, services, or goods.
For a consequential, special, incidental, or indirect damage, including the loss of profit or revenue
For the corruption of data
For any issue that is not in the hands of the Company, its representatives, or employees.
Any amount that is excess and aggregated of the Customer’s fees based on this agreement within six months before the act has given rise to any kind of inconvenience or liability.
12.1 If any part of this Agreement is invalid or unenforceable, that particular part will either be eliminated or limited to as much as required or necessary. Otherwise, this entire agreement stays the same and will remain enforceable, in full force and effect. This agreement is not transferable or assignable or cannot be sub-licensed without the Company’s written consent.
12.2 Company shall have the right to factually list Customer as a customer of the Services on its website and marketing materials using Customer’s logo. This agreement is an exclusive and complete statement of the mutual understanding that both parties have.
12.3 Apart from any payment obligations, neither of the parties is deemed liable or obligated towards the interruptions of any services listed under this agreement indirectly or directly from any unavoidable, unpredictable, natural, or unnatural event which is beyond control of both parties.
14. Contact information
If you have any questions, queries, or wish to provide any feedback, you can send us an email by writing to firstname.lastname@example.org.
304, Churchill Tower, Al Amal St, Business Bay, Dubai, UAE