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Terms of Service

Wisemonk Platform Terms of Service

Last updated: August 21, 2024

Please read these Terms of Service ("Terms" or "Terms of Service") carefully before using the www.wisemonk.co website (the "Platform" or "Wisemonk Platform") operated by Storypeach Technologies Private Limited ("Wisemonk", "us", "we", or "our"). For purposes of these Terms, "you" and "your" means you as a user of the Services. We may update these Terms by posting an updated version to our website ("Site") here.

Your access to and use of the services and features we make available to you on the Platform (the "Services") is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services. By accessing or using the Services, you agree to be bound by these Terms and to receive all communications and notices from us electronically. If you disagree with any part of the Terms, then you do not have our permission to access the Service. If you have questions about these Terms, contact our Customer Support team before accessing the Services.

If you are accessing or using the Services on behalf of a business or other legal entity ("Business"), (i) you represent that you are authorized to enter into, and bind the Business to these Terms and register for the Services; and (ii) the Business is legally and financially responsible for your access to and use of the Services, as well as for the use of the Services by others affiliated with you, including any employees, agents or contractors.

Overview

Wisemonk enables businesses to seamlessly manage relationships with employees and contractors in India. Our platform provides Employer of Record (EOR) services, payroll management, equipment procurement and management, employee onboarding, background verification checks, and employee benefits administration. You may register to the Platform as either a "Client" or an "Employee/Contractor". Depending on the designation of your account, different Services may be available to you.

Eligibility

We make the Platform and the Services available to Users 18 years of age or older. By applying for an Account and using the Services, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet these requirements, you may not access or use the Services or apply for an Account. Wisemonk may refuse to provide or open an Account for any individual or entity at its sole discretion.

Wisemonk Accounts

Applying for an Account

To apply for an Account, you must provide your full legal name, a valid email address, and any other required information to complete the sign-up process, as requested by Wisemonk. If you are applying for an Account on behalf of a Business, you may also be required to provide a business address, business ownership details, the nature of the business and other business information that we may request.

Account Security

You are fully and solely responsible for maintaining the privacy and security of your computer system, mobile device and all activity on your Account, even if such activities were not committed by you. You will promptly disable access to the Services if you believe your Account has been compromised or stolen, and you will immediately notify us if you believe your Account credentials have been compromised or stolen.

Use of Services

Subject to these Terms, Wisemonk allows you to access and use the Platform and/or Services on a non-exclusive basis solely for your or the Business', as applicable, internal business purposes. Wisemonk may, at its sole discretion and at any time, modify or discontinue providing the Services or any part thereof without notice.

Pricing and Payment

Payment Plans

If you are a Client, certain Services are subject to the payment of fees to Wisemonk as detailed on the Wisemonk Platform. Our EOR services are priced on a per-employee, per-month basis, with the exact amount linked to the employee's salary. For detailed pricing information, please refer to our pricing page. This includes:

  • Lowest currency conversion costs in the industry
  • Local payments in AUD/USD and 11 other currencies
  • Tax optimized salary structure for employees
  • Employee travel booking concierge
  • Unlimited employee expense reimbursement
  • Time and attendance management
  • Dedicated key account manager
  • Equipment ops integration
Payment Methods

Wisemonk supports payments via bank transfer, cards, and UPI.

Data Protection and Privacy

Wisemonk emphasizes data security through state-of-the-art encryption techniques, regular third-party security audits, and strict data access protocols. We process personal data in accordance with applicable data protection laws, including the India-specific data privacy act.

Intellectual Property

The Platform, Services, and any Content thereon (excluding any User Content) are and will remain the exclusive property of Wisemonk and its licensors. You may not use our trademarks, trade dress, service marks, logo or trade name in connection with any product or service without the prior written consent of Wisemonk.

Dispute Resolution

Any dispute, controversy, or claim relating to your use of the Services will be settled by final and binding arbitration in California, United States, using the English language, before a single arbitrator. You understand that by agreeing to these Terms, you and Wisemonk are each waiving the right to trial by jury or to participate in a class action or class arbitration.

Governing Law

These Terms will be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Limitation of Liability

IN NO EVENT WILL WISEMONK, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.

User Responsibilities and Prohibited Activities

User Responsibilities

As a user of the Wisemonk Platform, you agree to:

  1. Provide accurate, current, and complete information during the registration process and keep your account information updated.
  2. Maintain the security of your account by protecting your login credentials and not sharing them with others.
  3. Use the Services in compliance with all applicable laws and regulations.
  4. Respect the intellectual property rights of Wisemonk and other users.
  5. Use the Services only for their intended purposes as described in these Terms.
Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  1. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  2. Use the Services for any illegal, fraudulent, or unauthorized purpose.
  3. Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services.
  4. Upload or transmit viruses, malware, or any other type of malicious code that will or may impact the use of the Services.
  5. Collect or track the personal information of other users.
  6. Spam, phish, pharm, pretext, spider, crawl, or scrape any part of the Services.
  7. Use the Services in any manner that could disable, overburden, damage, or impair the Services.
  8. Attempt to gain unauthorized access to the Services, other user accounts, or computer systems or networks connected to the Services.
  9. Use the Services for any purpose other than for legitimate business operations related to employment and contractor management in India.

Wisemonk reserves the right to investigate and take appropriate legal action against anyone who, in Wisemonk's sole discretion, violates this provision, including without limitation, suspending or terminating the account of such violators and reporting them to law enforcement authorities.

Termination of Accounts

Termination by Wisemonk

Wisemonk reserves the right to suspend or terminate your account and access to the Services at any time, without prior notice or liability, for any reason whatsoever, including but not limited to:

  1. Violation of these Terms of Service
  2. Suspected fraudulent, abusive, or illegal activity
  3. Non-payment of fees
  4. Extended periods of inactivity
  5. Upon request by law enforcement or other government agencies
Termination by User

You may terminate your account at any time by contacting our customer support team. Upon termination, you will lose access to the Services, and any data associated with your account may be deleted.

Effects of Termination

Upon termination of your account for any reason:

  1. Your right to access and use the Services will immediately cease.
  2. Wisemonk may, but is not obligated to, delete any of your data stored on our servers.
  3. Any outstanding fees owed to Wisemonk will become immediately due and payable.
  4. Sections of these Terms that, by their nature, should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Refund and Cancellation Policies

Subscription Cancellation

You may cancel your subscription to our Services at any time. Cancellation will take effect at the end of your current billing cycle. You will not receive a refund for the current billing cycle.

Refunds

Due to the nature of our Services, refunds are generally not provided. However, in exceptional circumstances, refunds may be considered on a case-by-case basis at Wisemonk's sole discretion. To request a refund, please contact our customer support team.

Service Interruptions

In the event of significant service interruptions or downtime that are solely attributable to Wisemonk, we may, at our discretion, provide service credits or partial refunds for the affected period.

Confidentiality Clauses

Definition of Confidential Information

"Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party"), either directly or indirectly, in writing, orally or by inspection of tangible objects, which is designated as "Confidential," "Proprietary" or some similar designation, or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.

Obligations

The Receiving Party agrees:

  1. To hold the Disclosing Party's Confidential Information in strict confidence.
  2. Not to disclose such Confidential Information to any third parties.
  3. To use the Confidential Information only for the purpose of performing its obligations or exercising its rights under these Terms.
  4. To take reasonable precautions to protect the confidentiality of such Confidential Information with at least the same degree of care that it uses to protect its own confidential information.
Exceptions

The obligations of confidentiality shall not apply to any information that:

  1. Was in the public domain at the time of disclosure.
  2. Becomes part of the public domain after disclosure through no fault of the Receiving Party.
  3. Was known to the Receiving Party prior to disclosure.
  4. Is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information.
  5. Is required by law to be disclosed, provided that the Receiving Party gives the Disclosing Party prompt written notice of such requirement prior to disclosure.

Updates and Changes to the Terms of Service

Wisemonk reserves the right to modify or replace these Terms of Service at any time. We will provide notice of any material changes to these Terms by posting the updated Terms on our website and updating the "Last Updated" date at the top of these Terms.

Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to the new terms, you must stop using the Services.

For significant changes to the Terms or in cases required by applicable law, we may provide additional notice, such as displaying a prominent notice within the Services or sending you an email notification.

We encourage you to review these Terms periodically for any changes. If you have any questions about these Terms, please contact our customer support team.

Contact Us

You may contact us regarding the Services or these Terms by email at support@wisemonk.co or by mail at STORYPEACH TECHNOLOGIES PRIVATE LIMITED, WeWork Prestige Central, 36, Infantry Rd, Shivaji Nagar, Bengaluru, Karnataka - 560001.

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