Terms and Conditions
Terms and conditions under which WiseSolutions SpA provides the WiseFollow service.
Table of contents
- Acceptance of terms
- Definitions
- Service description
- User account
- Plans, pricing and billing
- Free plan and trial periods
- Cancellation and refund
- Acceptable and prohibited use
- Customer data and responsibilities
- Intellectual property
- Confidentiality
- Service level (SLA)
- Support and maintenance
- Limitation of liability
- Indemnification
- Service modifications
- Terms modifications
- Suspension and termination
- Force majeure
- Assignment
- Governing law and jurisdiction
- Provisions for EU residents
- General provisions
- Contact
1.Acceptance of terms
By accessing the WiseFollow platform, creating an account or using any of its services, you agree to be bound by these Terms and Conditions (the "Terms") and our Privacy Policy, which is an integral part of these Terms. If you do not agree with any of these points, you should not use the service.
If you use WiseFollow on behalf of a legal entity (company, organization), you declare that you have authorization to bind it. In that case, "you" or "Customer" refers to that entity.
2.Definitions
For purposes of these Terms:
| WiseFollow / Service | The HSE SaaS platform operated by WiseSolutions SpA, accessible via web (wisefollow.com), iOS and Android apps, and APIs. |
| WiseSolutions / We / Provider | WiseSolutions SpA, a Chilean company with address at Av. Nueva Providencia 1881, Of. 1912, Providencia, Santiago, Chile. |
| Customer / You | The individual or legal entity that has contracted or uses the Service. |
| User | Individual who accesses the Service under the Customer's account (administrator, supervisor, safety officer, auditor, etc.). |
| Worker | Person whose data is managed by the Customer through the Service. |
| Plan | Any of the subscription modalities offered: Free, Starter, Pro, Business or Enterprise. |
| Customer Data | All information uploaded or generated by the Customer or its Users in the Service. |
| DPA | Data Processing Agreement signed between the parties when WiseFollow processes personal data on behalf of the Customer. |
3.Service description
WiseFollow is an HSE (Health, Safety and Environment) management SaaS platform that includes, at its broad launch, the modules of:
- Employee accreditation — document management for workers with country-specific requirements.
- Inspections with AI — offline mobile checklists with Artificial Intelligence assistance.
- Action plans with AI — generation and tracking of corrective plans.
We periodically release new modules according to the public roadmap available at wisefollow.com/#modules. Customers with active subscriptions receive new modules at no additional cost, unless expressly stated otherwise.
The Service is provided in SaaS mode — we do not deliver software for local installation. Customer Data is stored in the cloud infrastructure described in the Privacy Policy.
4.User account
To use the Service (beyond the Free plan) you must create an account. When creating it:
- You commit to providing truthful, accurate and current information.
- You are responsible for maintaining the confidentiality of your credentials. Any action taken with your credentials is considered authorized by you, unless you have previously notified us of unauthorized access.
- You must notify us immediately at support@wisefollow.com if you detect any unauthorized use of your account.
- Only individuals over 18 years of age can register and operate the Service.
We may reject or cancel account registrations that use false information, impersonate identity or register to evade restrictions on previously suspended accounts.
5.Plans, pricing and billing
WiseFollow offers five plans with fixed monthly pricing in USD, described at wisefollow.com/#pricing:
| Plan | Price · features |
|---|---|
| Free | $0 USD/month · up to 5 workers · no card required |
| Starter | $29 USD/month · up to 15 workers |
| Pro | $89 USD/month · up to 40 workers · most popular |
| Business | $249 USD/month · up to 100 workers · 12-month contract |
| Enterprise | Custom pricing · 100+ workers · custom contract |
5.1. Billing method
Billing is in advance, in monthly or annual periods according to your selection at purchase. Annual payments receive a discount equivalent to 2 months free. Renewals are automatic unless you cancel beforehand.
5.2. Payment methods
We accept credit/debit card and bank transfer (the latter available for Business and Enterprise plans with annual billing). Payments are processed through PCI DSS certified providers ([STRIPE / MERCADOPAGO / KHIPU — to be confirmed]). WiseFollow does not directly store card data.
5.3. Taxes
Prices shown do not include applicable taxes (VAT, income tax, withholding tax or others). Taxes are added to the billed amount according to the Customer's jurisdiction. Customers with tax residence in the European Union must provide a valid VAT number when contracting; otherwise VAT will be applied according to Directive 2006/112/EC.
5.4. Late payment
Non-payment by the due date allows WiseFollow to:
- Suspend access to the Service after 7 days of default with prior notice.
- Charge interest at the applicable legal rate.
- Cancel the account after 30 days of non-payment, retaining Customer Data only for the period legally required.
5.5. Price modification
We may modify prices with 60 days advance notice. The change applies to the next renewal cycle. If you disagree, you can cancel before the effective date without penalty. Prices agreed in Enterprise contracts are maintained throughout the contract term unless otherwise agreed in writing.
6.Free plan and trial periods
The Free plan is available free of charge and unlimited in time, up to 5 workers. It does not require a card. Its limitations include watermarks on generated PDF reports ("Made with WiseFollow"), lack of chat support, and exclusion of some premium features.
We may modify the features and limitations of the Free plan with 30 days advance notice. We reserve the right to discontinue the Free plan in the future, in which case we will offer existing customers a reasonable transition to another plan or export of their data.
7.Cancellation and refund
Monthly plans (Starter, Pro, Business monthly): you can cancel anytime from your dashboard. Your account will remain active until the end of the billed cycle and the next cycle will not be charged. No refund of the current cycle.
Annual plans: upon cancellation, you retain access until the end of the paid annual period. No prorated refund except in exceptional cases accepted by us.
Business plan with 12-month contract: the contract may be terminated early with 60 days notice, paying the equivalent of 30% of remaining months as compensation.
Enterprise plan: terms as agreed in the contract signed with the Customer.
7.1. 14-day refund guarantee
If within 14 calendar days following your first payment on any plan you are not satisfied, write to support@wisefollow.com and we will refund 100% of the first payment, no questions asked. This guarantee applies only once per Customer. It does not apply to renewals.
7.2. Data export upon cancellation
When you cancel your account, we will retain your data for 30 days in read-only mode so you can export it in CSV/JSON format. After those 30 days, data is deleted irreversibly, except data subject to legal retention obligations (billing, auditable HSE evidence under local regulations).
8.Acceptable and prohibited use
You agree to use the Service in compliance with applicable law and these Terms. It is prohibited to:
- Upload illegal content, infringing third-party rights, false, defamatory, obscene or inciting violence or discrimination.
- Use the Service for purposes other than HSE management of your own operation or your contractors.
- Perform reverse engineering, decompilation, disassembly of the software, or attempt to derive the source code.
- Bypass, disable or interfere with any security measure, authentication or use limitation.
- Use bots, scrapers or automated processes to extract data from the Service (except authorized API use).
- Overload or interfere with Service infrastructure (DDoS, unauthorized fuzzing, brute force attacks).
- Sell, sublicense, rent, assign or redistribute the Service to third parties without written authorization.
- Use the Service to process personal data without having legitimate legal basis according to applicable data protection regulations.
- Use the Service to send spam, malware, phishing or other unsolicited or malicious communication.
Breach of these rules may result in immediate account suspension and cancellation without refund, without prejudice to applicable legal actions.
9.Customer data and responsibilities
9.1. Data ownership
All Customer Data uploaded to the Service is and remains Customer's property. WiseFollow has a limited, non-exclusive, worldwide and no additional royalty license to process it solely for the purpose of providing the Service.
9.2. Customer responsibility for data
The Customer is solely responsible for:
- The legality, accuracy and truthfulness of Customer Data.
- Having legal basis to process personal data of Workers and third parties that you upload to the Service (consent, employment relationship, legitimate interest, legal obligation as per Article 6 GDPR or local regulations).
- Informing Workers whose data is processed through the Service.
- Complying with Controller obligations under GDPR, LGPD, Chilean Law 19.628 and other applicable regulations.
- Making backup copies of critical information you consider necessary, supplementary to backups WiseFollow performs.
9.3. Personal data processing (DPA)
When the Customer processes personal data of Workers or third parties through the Service, the parties will sign a Data Processing Agreement (DPA) as per Article 28 GDPR governing: Controller instructions, Processor duties, authorized sub-processors, international transfers (SCC), breach notification, Controller assistance and data return/deletion at contract termination. WiseFollow's standard DPA is available at dpo@wisefollow.com.
10.Intellectual property
10.1. Of the Service
WiseFollow, its software, trademarks, logos, visual design, documentation, editorial content, AI models applied to the Service and any improvements are exclusive property of WiseSolutions SpA (or its licensors). These Terms grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to use the Service during the term of your subscription and for the purposes stated in these Terms.
10.2. Of the Customer
The Customer retains ownership of Customer Data. It grants WiseFollow a limited license to process it as described in section 9.
10.3. Feedback
If you send us suggestions, ideas or comments about the Service, you grant us a perpetual, irrevocable, worldwide and royalty-free right to use them to improve the Service, without obligation of compensation or attribution.
11.Confidentiality
Each party will treat confidential information received from the other with the same care with which it protects its own confidential information, and in no case with less than reasonable care. Confidential information means any business, technical, commercial or customer information identified as such or that should reasonably be understood as confidential by its nature.
It is not confidential information that: (a) is public without fault of the receiving party; (b) the receiving party already legitimately knew; (c) the receiving party receives from a third party without confidentiality obligation; or (d) must be disclosed by legal or judicial obligation (notifying the other party when possible).
12.Service level (SLA)
We commit to the following monthly availability levels:
| Plan | Monthly SLA | Compensation if not met |
|---|---|---|
| Free, Starter | "Best effort" (no contractual guarantee) | Not applicable |
| Pro | 99.5% | Proportional account credit |
| Business | 99.9% | Account credit up to 25% of monthly fee |
| Enterprise | 99.9% with contractual SLA | Penalty as agreed in contract |
Excluded from availability calculation: scheduled maintenance windows with 7 days notice, force majeure, third-party acts (telecommunications, cloud infrastructure providers), Service use that violates the Terms, and incidents attributable to Customer's equipment.
Request for SLA credit compensation must be submitted in writing to support@wisefollow.com within 30 calendar days following the affected month.
13.Support and maintenance
| Plan | Channel | Response time (business days) |
|---|---|---|
| Free | 48 hours | |
| Starter | 48 hours | |
| Pro | Email + Chat | 24 hours |
| Business | Email + Chat + Dedicated channel (priority) | 4 hours |
| Enterprise | Dedicated CSM · direct channel | As agreed in contract (includes 24/7 optional) |
Scheduled maintenance windows are notified at least 7 days in advance on the platform dashboard and by email to the administrator. Emergency maintenance, when unavoidable, is communicated with the greatest reasonable advance notice possible.
14.Limitation of liability
To the maximum extent permitted by applicable law:
- The Service is provided "as is" and "as available". WiseFollow does not guarantee that the Service is uninterrupted, error-free, completely secure or that it meets Customer's specific needs beyond those described in the Terms.
- WiseFollow will not be liable for indirect, consequential, special, incidental or punitive damages, including loss of profits, loss of business opportunity, data loss, reputational harm or business interruption, even if WiseFollow had been advised of the possibility of such damages.
- WiseFollow's total aggregate liability under these Terms, for all combined causes, shall not exceed the amount actually paid by the Customer to WiseFollow during the 12 months preceding the fact giving rise to the claim.
- This limitation does not apply in case of fraud or gross negligence of WiseFollow, nor to obligations that under mandatory law cannot be limited (for example, personal injury damages).
Mandatory legal guarantees for consumers residing in the European Union apply additionally to the above, as per section 22.
15.Indemnification
The Customer will indemnify and hold harmless WiseFollow, its affiliates, officers, employees and agents from claims, damages, penalties or costs (including reasonable attorney's fees) arising from:
- Use of the Service in violation of these Terms.
- Customer Data that infringes third-party rights or applicable law.
- Processing personal data of Workers without legitimate legal basis.
- Any claim by a Worker, contractor or third party relating to Customer's use of the Service.
WiseFollow will indemnify the Customer against third-party claims alleging that the Service (in compliant use) infringes intellectual property rights of such third parties, within the limits of section 14.
16.Service modifications
WiseFollow is in continuous evolution. We may add, modify or discontinue features. Material changes that negatively affect core contracted functionalities will be notified with at least 30 days advance notice. If the change materially affects the Service you contracted, you may cancel before it takes effect with prorated refund of the unused period.
17.Terms modifications
We may update these Terms from time to time. Material changes will be notified with at least 30 days advance notice via prominent notice on the platform and email to the administrator. If you continue using the Service after the changes take effect, you are considered to accept them. If you disagree, you may cancel as per section 7 without penalty before the effective date.
Minor changes (typos, clarifications that do not materially alter rights) are published directly with the update date at the beginning of the document.
18.Suspension and termination
WiseFollow may suspend or terminate your account immediately and without refund if:
- You materially breach these Terms.
- You owe payment for more than 30 days after due date.
- Your use of the Service is illegal, fraudulent or puts other users or the integrity of the Service at risk.
- There is a court or administrative order requiring it.
Either party may terminate the relationship with notice as per section 7. After termination, the Customer has 30 days to export its data.
19.Force majeure
Neither party shall be liable for failures arising from events beyond its reasonable control: natural catastrophes, wars, terrorist acts, pandemics, general strikes, massive telecommunications failures, power outages, cyberattacks on critical infrastructure, government decisions preventing Service delivery, among others. The affected party will notify the other of the event and resume performance as soon as reasonably possible.
20.Assignment
The Customer cannot assign these Terms or derived rights without prior written consent from WiseFollow. WiseFollow may assign these Terms to a subsidiary, successor or acquirer, notifying the Customer with 30 days advance notice. In that case, the Customer may cancel as per section 7 if it does not accept the assignment.
21.Governing law and jurisdiction
For Customers with tax residence in Latin America, these Terms are governed by Chilean law. Any dispute shall be submitted to the ordinary courts of the city of Santiago, Chile, the parties waiving any other jurisdiction that might otherwise apply.
For Customers with tax residence in the European Union, these Terms are governed by Italian law, without prejudice to the mandatory rules of the Customer's country of residence. Disputes shall be submitted to the competent courts of Milan, Italy, without prejudice to the mandatory jurisdiction rules that protect consumers.
The original language of these Terms is Spanish. Versions in other languages are courtesy translations; in case of discrepancy, the Spanish version prevails.
22.Specific provisions for EU residents
22.1. Right to pre-contractual information
Before contract formation you have received clear information about the essential characteristics of the Service, price, payment methods, duration and cancellation conditions, as required by Directive 2011/83/EU.
22.2. Right of withdrawal
If you are a consumer (individual acting outside your professional activity), you have the right to withdraw from the contract within 14 calendar days following contracting, without need for justification, as per Article 9 of Directive 2011/83/EU.
To exercise it, send us an unequivocal statement to support@wisefollow.com. We will refund the payments received within a maximum of 14 days from receipt of the request, by the same payment method used, at no additional cost.
Exception: by contracting the Service you expressly accept that performance begins immediately, which implies loss of the right of withdrawal once the Service has been fully executed, as per Article 16.m of the Directive. If you have already begun to use paid features during the withdrawal period, you may receive prorated refund of the unused time.
22.3. Alternative dispute resolution
As a European consumer, you can use the European Commission's Online Dispute Resolution platform (ODR): ec.europa.eu/consumers/odr.
22.4. Legal guarantees
The mandatory guarantees and rights for consumers derived from European legislation (Directive 2019/770 on digital content and services, Directive 2019/771 on goods sales) apply fully and prevail over any contrary provision of these Terms.
23.General provisions
- Entire agreement: these Terms, together with the Privacy Policy and, where applicable, the DPA and Enterprise contract, constitute the entire agreement between the parties.
- Severability: if any provision is declared invalid or unenforceable, the rest of the agreement remains in full effect.
- Waiver: failure to exercise a right by one party does not imply waiver thereof.
- Notices: must be sent by email to official addresses (contact@wisefollow.com for WiseFollow; to the account administrator's email for the Customer).
- Relationship between parties: the parties are independent contractors. These Terms do not create any partnership, joint venture, agency or employment relationship.
24.Contact
| Legal name | WiseSolutions SpA |
| Address | Av. Nueva Providencia 1881, Of. 1912, Providencia, Santiago, Chile, ZIP 7500520 |
| General email | contact@wisefollow.com |
| Support and claims | support@wisefollow.com |
| Privacy and personal data | privacy@wisefollow.com · dpo@wisefollow.com |
| Phone | +56 9 3860 1043 |
| EU representative | [NAME AND ADDRESS OF EU REPRESENTATIVE — to be completed before operating in the EU] |