Last Updated: February 18, 2025

Welcome to https://www.processwiser.com (AKA: “Website”,“ProcessWiser,” “Company,” “We,” or “Us”). These Terms of Use (the “Terms”) constitute a legally binding agreement between you (“User” or “you”) and ProcessWiser governing your access to and use of the Website, any subdomains, and any related online services, content, or functionality (collectively, the “Services”).

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Cookies Policy. If you do not agree to any part of these Terms or the referenced policies, you must immediately discontinue all use of the Services.

1. Eligibility and User Representations

1. Age Requirement: You must be at least 16 years old (or the age of majority in your jurisdiction, if higher) to use our Services. By using the Services, you represent and warrant that you meet the applicable minimum age requirement and are fully capable of forming a binding contract with ProcessWiser.
2. Authority: If you are accessing or using the Services on behalf of a company or another entity, you represent and warrant that you have the authority to bind such entity to these Terms, and “you” shall refer to both you as an individual and the entity you represent.
3. Accuracy of Information: You agree to provide and maintain true, accurate, current, and complete information about yourself (or the entity you represent) as prompted by any registration or account creation process on the Services.

2. Use of Our Services

1. Permitted Use: Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal or internal business purposes.
2. Prohibited Activities: You agree not to:
   • Use the Services for any unlawful purpose or in violation of any local, state, national, or international law or regulation.
   • Interfere with or disrupt the Services or servers/networks connected to the Services, or disobey any requirements of networks connected to the Services.
   • Engage in any data mining, scraping, crawling, or harvesting of content or Personal Data from the Services without our prior written consent.
   • Transmit or introduce any viruses, malware, or other harmful code into or via the Services.
   • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
   • Attempt to circumvent any security features or access any non-public areas of the Services.
3. Account Security: If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account or password.

3. Changes to the Terms or Services

1. Modifications to Terms: We reserve the right, at our discretion, to revise or update these Terms at any time. We will post the most current version on our Website and indicate the date it was last updated. Your continued use of the Services after any such update constitutes your acceptance of the new Terms. If you do not agree with any changes, you must immediately stop using the Services.
2. Modifications to Services: We may modify, suspend, or discontinue (temporarily or permanently) any part of the Services at any time without notice or liability to you.

4. Intellectual Property

1. ProcessWiser Content: Unless otherwise indicated, all content, designs, text, graphics, images, information, software, video, audio, and other materials available on or through the Services (collectively, “Content”), and all related intellectual property rights, are owned or licensed by ProcessWiser. Subject to these Terms, we grant you a limited license to view and use the Content solely for your personal or internal business use.
2. Trademarks: The “ProcessWiser” name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of ProcessWiser or its licensors. You must not use such marks without our prior written permission.
3. Restrictions: You may not copy, reproduce, distribute, publicly display, publicly perform, modify, create derivative works of, or otherwise exploit any portion of the Content, except as expressly authorized by these Terms.
4. Feedback: If you submit any feedback, ideas, or suggestions to us regarding our Services, you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use and exploit such feedback for any purpose, without compensation or attribution to you.

5. User Submissions and Content

1. User Submissions: Our Services may allow you to post, submit, or upload content such as text, images, or other materials (“User Submissions”). You are solely responsible for your User Submissions, including their legality, reliability, and appropriateness.
2. License to ProcessWiser: By posting or submitting any User Submissions, you grant ProcessWiser a worldwide, non-exclusive, royalty-free, transferable, and sub-licensable license to use, reproduce, display, modify, create derivative works of, and distribute your User Submissions in connection with providing and promoting the Services.
3. Prohibited Content: You agree not to upload or post unlawful content that is infringing, defamatory, hateful, harassing, obscene, or that violates any third party’s intellectual property or privacy rights. We reserve the right (but have no obligation) to remove or disable access to any User Submission at any time, without notice, if we determine that it violates these Terms or is otherwise harmful.

6. Third-Party Links and Services

The Services may contain links to or integrations with third-party websites, applications, or resources that are not owned or controlled by ProcessWiser. We do not endorse or assume any responsibility for any such third-party sites or resources, their content, or any goods/services available. Your dealings with or participation in promotions of third parties found on or through the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties.

7. Privacy and Cookies

1. Privacy Policy: Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and share your data. By using the Services, you consent to all actions taken by us with respect to your data as outlined in our Privacy Policy.
2. Cookies Policy: We use cookies and similar technologies in accordance with our Cookies Policy. By using the Services, you agree to the use of cookies as described in that policy.

8. Termination

1. Termination by You: You may cease using the Services at any time and for any reason.
2. Termination by Us: We may suspend or terminate your access to the Services (or any part thereof) immediately and without notice if you violate these Terms or engage in any activity that may expose us to legal liability.
3. Effect of Termination: Upon termination, all licenses granted to you hereunder shall terminate immediately. Sections that by their nature should survive termination (including but not limited to Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution) shall survive.

9. Indemnification

You agree to defend, indemnify, and hold harmless ProcessWiser and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from or relating to:

1. Your use of and access to the Services.
2. Your violation of any provision of these Terms.
3. Your violation of any third-party right, including without limitation any intellectual property, privacy, or property right.

10. Disclaimer of Warranties

As-Is Basis: The Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory.

1. No Guarantees: ProcessWiser does not warrant that the Services will be uninterrupted, error-free, free from viruses or other harmful components, or that any defects will be corrected.
   
2. Your Responsibility: You assume all responsibility and risk for your use of the Services. We make no representations regarding the accuracy, reliability, or completeness of any content available on or through the Services.
   
3. Disclaimer of Implied Warranties: To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

11. Limitation of Liability

1. No Indirect Damages: To the fullest extent permitted by applicable law, in no event shall ProcessWiser, its affiliates, or their respective directors, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation damages for loss of profits, business interruption, loss of data, or other intangible losses, arising out of or related to your use of or inability to use the Services.
2. Maximum Liability: In no event will ProcessWiser’s aggregate liability for any claim exceed the greater of: (a) the amount you paid to ProcessWiser for access to the Services in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars (USD $100).
3. Exclusions: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above exclusions or limitations may not apply to you. In such cases, ProcessWiser’s liability will be limited to the fullest extent permitted by applicable law.

12. Governing Law and Dispute Resolution

1. Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles.
2. Venue: Any legal suit, action, or proceeding arising out of or relating to these Terms shall be instituted exclusively in the federal or state courts located in San Francisco County, California, and you consent to the personal jurisdiction of such courts.
3. Waiver of Class Actions: To the fullest extent permitted by law, all disputes will be resolved on an individual basis. You agree not to participate in any class, collective, or representative action against ProcessWiser or any related party.
4. Injunctive Relief: Notwithstanding anything to the contrary, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or other proprietary rights.

13. Miscellaneous

1. Entire Agreement: These Terms, together with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and ProcessWiser regarding the subject matter herein and supersede all prior understandings or agreements, whether written or oral.
2. Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
3. No Waiver: No failure or delay by ProcessWiser in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof.
4. Assignment: You may not assign or transfer these Terms or any rights or obligations herein without our prior written consent. We may freely assign these Terms.
5. Relationship: These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between you and ProcessWiser.
6. Force Majeure: We are not liable for any delays or failures in the performance of any part of the Services resulting from causes beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, or strikes.

14. Contact Us

If you have any questions or concerns regarding these Terms or our Services, please contact us at: ask@processwiser.co