Terms of Use for Wise@Work App for Individuals

Last Updated: July 25, 2021

Welcome, and thank you for your interest in Wisdom Labs! Wisdom Labs, Inc. (“Wisdom Labs”) makes available to you our Wise@Work digital learning platform for enhancing mindfulness and wellbeing ( “Wise@Work”), at our website at wisdomlabs.com (the “Site”), through our applications (the “Apps”), or via other delivery methods. Wise@Work, the Site and the Apps are collectively referred to as the “Service”.

Agreement to Terms

Please read the following Terms of Use for Wise@Work App for Individuals (these “Terms”) carefully, because they set forth the terms and conditions for your use of the Service, and are a legally binding contract between you and Wisdom Labs. By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are not eligible, or do not agree to these Terms, then do not use the Service.

Arbitration Notice

These Terms provide that all disputes between you and Wisdom Labs will be resolved by binding arbitration. You agree to give up your right to go to court to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action. Please review Section 18 (Dispute Resolution and Arbitration) for the details regarding your agreement to arbitrate any disputes with Wisdom Labs.

These Terms Govern Individual Use Only

These Terms set forth the terms that govern an individual user’s use of the Service. Separate terms of use govern the purchase by a company or other organization of subscriptions to the Service for the benefit of individual users.

1. Eligibility

You may use the Service only if you are 13 years or older and are not barred from using the Service under applicable law. To purchase a paid subscription to the Services (as described in the Section titled “Subscriptions” below), you must be 18 years or older and capable of forming a binding contract. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations.

If a company or other organization (for example, your employer) is responsible for payment of subscription fees for your use of the Service, then that organization must have entered into separate terms of use (“Business Terms of Use”) with us, and your right to use the Service is subject to the performance by that organization of all payment and other obligations under the Business Terms of Use. If your employer or such other organization did not license the Service directly from us but from one of our licensees, then your right to use the Service is also subject to the performance by such licensee of all payment and other obligations under such licensee’s agreement with us. Upon termination of the Business Terms of Use, your right to use the Service through that organization’s account will automatically terminate, but in some cases you may be able to continue using the Service through a free individual plan, as described in Section 7.

2. Accounts and Registration

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your e-mail address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@wisdomlabs.com.

3. User Content

User Content Generally

Certain features of the Service may allow you to post, upload or otherwise provide content to the Service, including survey and questionnaire responses, messages, reviews, photos, video, images, text, and other types of content (“User Content”). In some cases, you may also be able to publish and publically share User Content through the Service. You retain copyright and any other proprietary rights that you may hold in the User Content you make available through the Service.

Limited License Grant to Wisdom Labs

By posting or providing User Content to the Service, you grant Wisdom Labs a worldwide, non-exclusive, royalty-free, transferable, sublicenseable,  right and license to (a) host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content in connection with operating and providing the Service and (b) distribute to third parties (including, if applicable, the employer or other organization that provided you with your account) your User Content in an anonymous, aggregated form that does not include non-public personal information. By publically sharing User Content through the Service, you also grant Wisdom Labs a worldwide, non-exclusive, royalty-free, transferable, sublicenseable right and license to distribute your User Content to third parties in any media formats and through any media channels now known or hereafter developed.

User Content Representations and Warranties

You are solely responsible for your User Content and the consequences of posting or sharing User Content. By posting or sharing User Content, you affirm, represent, and warrant that:

1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Wisdom Labs to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms, in the manner contemplated by Wisdom Labs, the Service, and these Terms; and
2. your User Content, and the use of your User Content, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Wisdom Labs to violate any law or regulation.

User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Wisdom Labs may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Wisdom Labs with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Wisdom Labs does not permit copyright-infringing activities on the Service.

4. Digital Millennium Copyright Act

DMCA Notification

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:

Wisdom Labs
att: Legal Department — Copyright Notification
201 Post St., Ste 200
San Francisco CA 94108

Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
2. a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
3. a description of the material that you claim is infringing and where it is located on the Service;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Repeat Infringers

Wisdom Labs will promptly terminate without notice the accounts of users that are determined by Wisdom Labs to be repeat infringers.” A repeat infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice.

5. Prohibited Conduct

BY USING THE SERVICE YOU AGREE NOT TO:

1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
3. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
4. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
5. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
6. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
7. sell or otherwise transfer the access or right to use granted under these Terms;
8. download or copy any audio or video content from the Service not explicitly indicated as downloadable; or
9. attempt to do any of the acts described above, or assist or permit any person in engaging in any of the acts described above.

6. Third-Party Services and Linked Websites

Wisdom Labs may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Wisdom Labs with an account on the third party service, such as Instagram or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.

7. Termination of Use 

If you are using the Service through an organization’s Business Plan, then upon expiration or cancellation of the Business Plan, or termination of the organization’s Business Terms of Use, your right to use the Service through that Business Plan will terminate automatically and you will (unless the organization requires us to terminate your entire account) be downgraded to a Basic Individual Plan.

If you commit fraud or if you breach any obligation under these Terms, we may suspend or permanently terminate your access to the Service.

You may terminate subscription at any time by contacting customer service at support@wisdomlabs.com. If you purchased a paid subscription to the Service via an App provider, you may also need to cancel your subscription with the App provider directly. If you are using the Service through an Individual Plan, then upon termination of your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service.

Upon termination of your Premium Individual Plan, or termination of your use of the Service through an organization’s Business Plan, you will lose access to all premium content under such plan, including any related usage data and User Content, which will not be retrievable. Upon termination of your access to the Service (a) due to your fraud or breach of any obligation under these Terms or (b) because the organization requires us to terminate your entire account upon termination of the organization’s account, you will lose access to all Service Content, including all your usage data and User Content, which will not be retrievable.

8. Privacy Policy; Additional Terms

Privacy Policy

Please read the Wisdom Labs Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Wisdom Labs Privacy Policy, the current version of which can be found at the following URL: https://wisdomlabs.com/privacy-policy/, is incorporated by this reference into, and made a part of, these Terms. Please be aware that, as described in our Privacy Policy, (1) if you are using the Service through an organization’s Business Plan (or if you are using the Service through an Individual Plan and an organization also offers you access to the Service through a Business Plan) then we may disclose to that organization aggregate usage data regarding your and other employees’ use of the Service (including the fact that you registered for an account and are an active user), and (2) if you participate in a team competition sponsored by an organization (a “Challenge”) or in an organization’s incentive program, we may inform that organization whether you completed the Challenge or incentive requirements, as applicable, and disclose to that organization limited usage data regarding your use of the Service including the number of sessions and series completed and minutes practiced. We may also disclose to that organization or any other third parties your User Content in an anonymous, aggregated form that does not include non-public personal information. If your employer or such other organization did not license the Service directly from us but from one of our licensees, then we may also disclose to such licensee all of the information described in the immediately preceding two sentences.

Additional Terms

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service that we may post on or link to from the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or content on the Service. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

9. Modification of these Terms; Discontinuation and Modification of the Service

We reserve the right, at our discretion, to change these Terms at any time; provided, however, that changes to pricing terms for paid subscriptions are subject to the terms described in Section 15. If we do so, we will let you know either by posting the modified Terms on the Site or the Apps or through other communications. Please review these Terms whenever we modify them, because if you continue to use the Service after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then do not use the Service anymore.

In addition, because our Service is evolving over time, we may change or discontinue any features of the Service at any time and without notice, at our sole discretion. We also reserve the right to discontinue the Service at any time and without notice, in which case we will refund the unused portion of your prepaid subscription fees, if you are using a paid subscription plan.  Except as stated above, we will have no liability to you on account of any change to or discontinuation of the Service.

10. Ownership; Proprietary Rights; Limited Licenses

The Service is owned and operated by Wisdom Labs or our third-party licensors. All elements of the Service, including its visual interfaces, graphics, design, compilation, information, data, and computer code (including source code or object code), and including all Service Content,  are owned by Wisdom Labs or our third-party licensors and are protected by intellectual property and other laws. ”Service Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and any other information or materials, that are generated, provided or otherwise made available through the Service, except for User Content. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Service Content.

Subject to your compliance with these Terms, Wisdom Labs grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to view the Service Content solely in connection with your permitted use of the Service and solely for your personal and non-commercial purposes. You are not permitted to download, copy or distribute the Service Content. We reserve all rights in and to the Service and the Service Content not expressly granted to you under these Terms.

Subject to your compliance with these Terms, Wisdom Labs grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the applicable App on one or more mobile devices or computers that you own or control and to run such copies of the App solely for your own personal non-commercial purposes. We reserve all rights in and to the Apps not expressly granted to you under these Terms. You may not copy the Apps, except as described above and for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Apps; (ii) distribute, transfer, sublicense, lease, lend or rent the Apps to any third party; (iii) reverse engineer, decompile or disassemble the Apps; or (iv) make the functionality of the Apps available to multiple users through any means.

11. Feedback

We welcome your comments, input and suggestions regarding problems with or improvements to the Service (“Feedback”). You can submit Feedback by emailing us at feedback@wisdomlabs.com. You grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and to create other products and services.

12. Indemnity

You are responsible for your use of the Service, and you agree to defend and indemnify Wisdom Labs and its officers, directors, employees, consultants, affiliates, subsidiaries and agents  from and against every damage, loss, cost or other liability (including reasonable attorneys’ fees and costs) arising from any third party demand or claim relating to or in any way connected with: (a) your access to or use of the Service; or (b) your violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

13. Warranties and Disclaimers

We warrant to you that (a) the Service as delivered to you will conform in all material respects with its description and be of reasonably satisfactory quality; (b) we will use reasonable skill and care in making the Service available to you during your subscription; and (c) we will use reasonable endeavors to remedy any defects in the Service.

You understand and agree that the Service is not intended or designed to diagnose, prevent, or treat any condition or disease, to assess the state of your health, or to be a substitute for professional medical care.  Not all features of the Service are suitable for everyone. Do not use the Service while driving or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Service.

Except for the limited warranties set forth above, (a) the Service and all Service Content available through the Service are provided “as is,” without warranty of any kind; (b) we disclaim all warranties of any kind, whether express or implied, including (i) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement and (ii) any warranty arising out of course of dealing, usage, or trade; and (c) we do not warrant that the Service will meet your requirements or will be available on an uninterrupted, secure, or error-free basis.

No advice or information, whether oral or written, obtained by you from the Service or any Service Content will create any warranty that is not expressly stated in these Terms. You assume all risk for any damage that may result from your use of or access to the Service, your dealing with any other Service user, and any Service Content.

Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.

14. Limitation of Liability

In no event will Wisdom Labs or any other party involved in creating, producing, or delivering the Service or Service Content be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Service or any Service Content, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not Wisdom Labs has been informed of the possibility of damage.

The aggregate liability of Wisdom Labs to you for all claims arising out of or relating to the use of or any inability to use any portion of the Service or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to Wisdom Labs for access to and use of the Service in the 12 months prior to the events or circumstances giving rise to claim (or, if a company or other organization has paid such amounts, then the portion of those amounts reasonably allocable to your use of the Service); or (b) $100.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the above limitation may not apply to you.

Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The foregoing limitation of liability will apply even if any limited remedy fails of its essential purpose.

15. Subscriptions

Individual users may access the Service through free or paid subscriptions for their own use (“Individual Plans”). Companies and other organizations may sign up for paid subscriptions for the benefit of users designated by the organization (“Business Plans”). This Section 15 applies to you if you are accessing the Service through an Individual Plan. If your subscription is paid for by a company or other organization under a Business Plan, then your right to access the Service is subject to that organization’s timely payment of all fees for your subscription and its compliance with other terms under the Business Terms of Use. If your employer or such other organization did not license the Service directly from us but from one of our licensees, then your right to access the Service is also subject to such licensee’s compliance with all payment and other terms under such licensee’s agreement with us.

To access the Service through an Individual Plan, you must sign up for either (a) a free plan, with access to limited content of the Service for an indefinite period (“Basic Individual Plan“), or (b) a paid plan, with access to all content of the Service during a specified subscription period (“Premium Individual Plan“). We may also at times offer a free-of-charge trial subscription, with access to content not included in the Basic Individual Plan, for a limited period. If you sign up for a trial subscription, if offered, then at the expiration of your trial subscription you must sign up for a Basic Individual Plan or Premium Individual Plan in order to continue accessing the Service. If you choose to purchase a Premium Individual Plan, you agree to be responsible for payment of the subscription fees (“Fees“) as quoted to you at the time of purchase, and all applicable taxes.  We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. All payments made are non-refundable and non-transferable, except as expressly provided in these Terms. You are also responsible for all additional charges incurred by you in order to subscribe to and access the Service, such as telephone, internet or data charges, and charges by your bank or other financial service provider.

Premium Individual Plans will automatically renew at the end of each subscription period, at the then-current Fees, unless cancelled by you as described below. If you cancel, your Premium Individual Plan ends at the end of your current subscription period.

Wisdom Labs reserves the right to change its pricing terms at any time. If we do so, we will let you know by posting the new pricing terms on the Site or the Apps or through other communications. Changes to the pricing terms will not apply retroactively and will only apply to subscription renewals after the changed pricing terms have been communicated to you. If you do not agree to the changed pricing terms, then you may choose to cancel your subscription as described below. We also reserve the right to change other terms of our subscription plans at any time, including terminating the Basic Individual Plan, or changing the content that can be accessed through a particular plan.

Wisdom Labs offers the following monthly and annual Premium Individual Plans. A monthly Premium Individual Plan (“Monthly Premium Plan”) has a subscription period of one month and will automatically renew monthly unless you cancel your Monthly Premium Plan at least three business days prior to the first day of the monthly renewal period. An annual Premium Individual Plan (“Annual Premium Plan”) has a subscription period of one year and will automatically renew each year on the anniversary date unless you cancel your Annual Premium Plan at least three business days prior to the anniversary date. Refunds cannot be claimed for any partial subscription period. To cancel your Premium Individual Plan, please contact customer service by email at support@wisdomlabs.com, or by any other cancellation method made available on the Site or the Apps. Note that if you purchased your Premium Individual Plan via an App provider, you may also need to cancel your Premium Individual Plan with the App provider directly.

If you select the Monthly Premium Plan, you may switch to the Annual Premium Plan at any time.  If you select the Annual Premium Plan, you may not switch to the Monthly Premium Plan until the end of the current one-year subscription period.

If you choose to purchase a Premium Individual Plan, you must provide us with current, complete, accurate and authorized credit card or other approved payment method information. You agree to promptly notify us of any changes to the payment method you provided while your Premium Individual Plan remains outstanding. You authorize us to charge your provided payment method for the Premium Individual Plan you have selected.  We will charge you for the initial subscription period at the time of purchase or shortly after purchase. We will charge you for renewal periods on a recurring basis, at the beginning of each renewal subscription period (and usually on or about the same day each month or year, as applicable), until such time that you cancel. You understand that failure to pay any Fees or other charges may result in the suspension or cancellation of your Individual Plan.

16. Governing Law

These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Wisdom Labs agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California for the purpose of litigating any dispute.

17. General

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Wisdom Labs regarding your use of the Service. Except as expressly permitted above, these Terms may be amended only by a written amendment entered into by both parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, all provisions of these Terms, except your right to use the Service, along with the Privacy Policy and any other accompanying agreements, will survive.

18. Dispute Resolution and Arbitration

Generally

In the interest of resolving disputes between you and Wisdom Labs in the most expedient and cost effective manner, you and Wisdom Labs agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and Wisdom Labs are each waiving the right to a trial by jury or to participate in a class action.

Exceptions

Despite the agreement above to resolve disputes by binding arbitration, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Arbitrator

Any arbitration between you and Wisdom Labs will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Wisdom Labs. Any arbitration hearing will take place at a location to be agreed upon in San Francisco, California.

Notice

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Wisdom Labs’s address for Notice is:

Wisdom Labs
att: Legal Department — Disputes
201 Post St., Ste 200
San Francisco CA 94108

The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Wisdom Labs may commence an arbitration proceeding.

No Class Actions

You and Wisdom Labs agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Wisdom Labs agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Modifications of This Arbitration Provision

If Wisdom Labs makes any future change to this arbitration provision, other than a change to Wisdom Labs’ address for Notice, you may reject the change by sending us written notice within 30 days of the change to Wisdom Labs’ address for Notice, in which case your account with Wisdom Labs will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Enforceability

If the above prohibition on class actions is found to be unenforceable, then parties agree that the exclusive jurisdiction and venue described in Section 16 (Governing Law) will govern any action arising out of or related to these Terms.

19. Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

20. Contact Information

The Service is offered by Wisdom Labs, Inc., located at 201 Post St. Ste. 200, San Francisco, CA 94108. You may contact us by sending correspondence to that address or by emailing us at support@wisdomlabs.com.

21. Notice to California Residents

If you are a California resident, California Civil Code Section 1789.3 allows you to contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210, in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.