Wisdom Mentor Terms of Service
Last Updated May 23, 2022
This Mentor Terms of Service governs your role as a Mentor with reference to the Terms of Service by Wisdom, owned by Social Audio Inc. The Mentor Terms of Service is an integral part of the Terms of Service. Unless otherwise defined in this Mentor Terms of Service, capitalized terms will have the meanings ascribed to such terms as set forth in the Terms of Service. These Mentor Terms of Use are considered Additional Terms, All provisions of the Terms of Service applies to Mentors as well where applicable (hereinafter referred to jointly “Terms”)
1. Your Obligations
You must fulfill a Mentee request within 72 hours and do your best to fulfill the Mentee’s request.
Wisdom Paid Q&A: From time to time, a Mentee may request an audio answer from you through our Service. While we hope you will fulfill a request within 24 hours of receiving it, you may have up to 72 hours (at Wisdom’s sole discretion) to complete and upload the Wisdom Audio Reply. If you do not accept the request and upload the Wisdom Audio Reply within 72 hours, the customer will be refunded. You may still answer the request but you will not be paid for it. You may decline a request and for those you would not be paid, and the customer may be refunded. If you accept a request, you agree to record and upload to our Service one Wisdom Audio Reply. Wisdom retains the right, in its sole discretion, to cancel any request from a Mentee. We reserve the right to remove your Wisdom Audio Reply at any time for any reason. No payment will be made to you for any declined, cancelled, or unfulfilled Wisdom Audio Reply request. You agree that each Wisdom Audio Reply will be at least 1:00 (one minute) in duration. You will have sole discretion over the script and content of any Wisdom Audio reply, except that you agree: you will use your name (please introduce yourself), the Mentee’s name and you will not state in the Wisdom Audio Reply that the Wisdom Audio Reply is incomplete or cannot be completed. Your response to the Mentee’s request is your responsibility and at your discretion, subject to these Terms. Your interactions with third parties, including Mentees, on or through our Service, are solely between you and the third party; however, Wisdom may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with Wisdom if it does so. You acknowledge and agree that Wisdom will not be responsible for any damages, losses, costs, expenses, or liabilities incurred as the result of such interactions.
Wisdom 1-on-1 Calls: From time to time, a Mentee may request a 1-on-1 Audio Call in increments of 15 minutes from you through our Service. You may set the rate at which the customer can purchase your consulting service. You may mark yourself as unavailable to receive calls at any time, and it is your responsibility to do so. While we hope you will fulfill a request within 24 hours of receiving it, you may have up to 72 hours (at Wisdom’s sole discretion) to fulfill the Wisdom 1-on-1 Audio Call. If you do not fulfill the Wisdom 1-on-1 Audio Call within 72 hours, the customer will be refunded. You may still have a 1-on-1 Audio Call with that customer but you will not be paid for it. You may decline a request and for those you would not be paid, and the customer may be refunded. If you accept a request, you agree to engage in a 1-on-1 Audio Call with the customer within 72 hours and to do so as professionally and helpfully as is reasonable. Wisdom retains the right, in its sole discretion, to cancel any request from a Mentee. We reserve the right to remove you as a provider of 1-on-1 Audio Calls at any time for any reason. No payment will be made to you for any declined, cancelled, or unfulfilled Wisdom 1-on-1 Audio Call request. You agree that each Wisdom 1-on-1 Audio Call will be at least 15:00 (fifteen minutes) in duration. The customer may choose to extend the time with you at the customer’s discretion and for an additional fee. You will have sole discretion over the advice you give, except that you agree: you will use your name (please introduce yourself), the Mentee’s name and you will not state in the Wisdom 1-on-1 Audio Call that the Wisdom 1-on-1 Audio Call is incomplete or cannot be completed. Your response to the Mentee’s request is your responsibility and at your discretion, subject to these Terms. Your interactions with third parties, including Mentees, on or through our Service, are solely between you and the third party; however, Wisdom may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with Wisdom if it does so. You acknowledge and agree that Wisdom will not be responsible for any damages, losses, costs, expenses, or liabilities incurred as the result of such interactions.
Free 1-on-1 Calls: You may choose at your sole discretion to accept Free 1-on-1 Calls from potential customers up to the limit of one Free 1-on-1 Call per Wisdom member. In this way, you may use Free 1-on-1 Calls to build a relationship and rapport with a potential client. You will provide as professional an experience on these calls as you would for a paid Wisdom 1-on-1 Call. You will set up a Free 1-on-1 Call within 72 hours. A Free 1-on-1 Call lasts 15 minutes and may not be extended for free but it may be extended for a few and turn into a paid 1-on-1 Audio Call. You may choose to stop receive Free 1-on-1 Calls at any time.
Registration: In order to accept requests on our Service, you will need to register. In registering, you agree to provide true, accurate, current, and complete information about yourself as prompted by our registration form, as well as any other information reasonably requested by us (collectively, “Registration Data”), and maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you do not do so or we reasonably believe that you have not done so, we have the right to suspend or terminate your account and your use of any part of our Service. You agree not to create an account using a false identity or providing false information, on behalf of another person (except as outlined below for Organizations below), or if you have previously been removed or banned from our Services. You are responsible for maintaining the confidentiality of your account information, including your password. You are responsible for all activities that occur on or in connection with your account and you agree to notify us immediately of any unauthorized access or use of your account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your account.
Mentor, age of majority in your jurisdiction of residency, but at least 18 years old: Mentors who are the age of majority in your jurisdiction of residency (but at least 18 years old) may register our Platform. By registering, you represent and warrant that:
you are the age of majority in your jurisdiction of residency, but at least 18 years old;
you are of legal age to form a binding contract;
you are not barred from using our Services under the laws of your place of residence, or any other applicable jurisdiction; and
you are responsible for complying with all applicable laws and regulations relating to Mentor’s participation on our Platform and will fully indemnify the Wisdom for any failure to do so.
Organizations: A management company, manager, agency, agent, publicist, or other individual or organization (each, an “Organization”) may register a Mentor (“Affiliated Mentor”). By registering, the Organization represents and warrants for itself and each Affiliated Mentor that:
Organization is the authorized representative of the Affiliated Mentor and (if any Affiliated Mentor is below the age of 18, registering with any required consent of the Affiliated Mentor’s parent or legal guardian) and agrees to these Terms;
neither the Organization nor the Affiliated Mentor is barred from using our Service under the laws of the place of residence of the Organization or any Affiliated Mentor, or any other applicable jurisdiction; and
Organization is responsible for complying with all applicable laws and regulations relating to Affiliated Mentor’s participation on our Platform under these Terms and will fully indemnify Wisdom for any failure to do so.
Name and Likeness. Mentor hereby grants to Wisdom the non-exclusive right and license, in perpetuity for as long as the Mentor has an account on Wisdom and throughout the universe, to use Mentor’s name, image, likeness, voice, attributes and/or biography in connection with the advertising, marketing, promoting, publicizing and exploiting any matter related to the Service and all subsidiary and ancillary rights therein, in perpetuity for as long as the Mentor has an account on Wisdom, throughout the world and in any and all media, whether now known or hereafter devised.
2. Fees and Payment
We will pay you up to 75% of the revenue actually received by us from a Mentee for each Wisdom Audio Reply and each Wisdom 1-on-1 Call you make for a Mentee. You will receive a balance in an intermediary currency called Mentorbucks which can be redeemed for cash payment in your local currency through our then active payment provider (Paypal, Venmo, Stripe, etc.)
Fees: Other than with respect to an expired request that you choose to fulfill (as set forth in Section 1 and subject to these Terms, we will pay to you 75% of the revenue actually received by Wisdom for each Wisdom Audio Reply or Wisdom 1-on-1 Call you fulfilled to a Mentee’s request that you accepted through our Service. You will have the right to set your own price for each Wisdom Audio Reply and your own hourly rate for 1-on-1 Calls. You represent and warrant that:
Wisdom Audio Replies and 1-on-1 Calls are not, and are not intended to be, covered by any guild, union, collective bargaining, or similar agreement and there will be no residual or any other type of payment due from Wisdom to you, to any third party, guild, or union, or pursuant to any collective bargaining agreement, in connection with any Wisdom Audio Reply and 1-on-1 Call, payment from us to you, or our Service;
Wisdom is not responsible for, and will not make any deduction to payments made to you for any fees, commissions, costs, expenses or payments of any kind to or with respect to any third party, including any manager, agent, attorney, representative, or service provider, in connection with any revenue earned by or payments made to you in connection with our Service; and
Wisdom is not responsible for any contributions, payments, taxes, or deductions for Social Security, retirement benefits, unemployment insurance, annuities, or pension or welfare fund payments required by law or any labor union, or any withholding or income taxes.
Payment: You agree to register with the third party payouts provider selected by Wisdom, which is currently Paypal, Venmo, or Stripe; any payouts provider is subject to change in Wisdom’s sole discretion and you agree to abide by all the terms and conditions for the use of such third party payment provider. You do not have the option to select a payouts provider other than the one selected by Wisdom. You agree to provide to the payouts provider all information required by such payouts provider in order to receive payments due via the payouts provider. As you fulfill requests, you will earn Mentorbucks, an intermediary currency, and you may cash out of Mentorbucks for an equivalent amount of USD, paid in the currencies of your choice supported by our payouts provider. You may only submit a cash-out request upon attaining at least $50 of balance, and you may only submit 1 cash out request per business day. You may not submit a cash-out request for more than $500 per calendar day. We submit all payments to our payout provider within 7 business days of your cash out request. Payments will be in the currency you select with the payouts provider, your choice of currency cannot mean any costs to us and we initiate the payment of the revenue you are entitled to under these Terms in U.S. Dollars. If you do not provide to the payouts provider all required information, then you may not be able to receive the payments due to you. Wisdom will not be responsible for any damages, losses, costs, expenses, or liabilities arising out of or in connection with your inability to receive payments as a result of your failure to provide such information. You acknowledge and agree that no payouts provider used by Wisdom is operated, owned or controlled by Wisdom, and your use of any such payouts provider is subject to the terms and conditions and privacy policies of that payouts provider. We are not responsible for any delay, failure, damage, or liability caused by a payment provider, any other third party, a force majeure, or your failure to timely or properly set up an account with the payment provider or otherwise provide requested information for payment. Unless otherwise agreed by Wisdom, you acknowledge and agree that you are solely responsible for any fees, costs and expenses incurred in connection with the use of a payment provider. Notwithstanding anything to the contrary contained in these Terms, if Wisdom, in its sole discretion, believes that any fraud, money laundering, or other violation of law or regulation is taking place on or in connection with our Service, you acknowledge and agree that we may withhold, delay, or seek repayment of any payments we believe, in our sole discretion, may have arisen out of or in connection with any such violation of law or regulation.
3. Mentor Content
You grant us full right and license and allow the Mentee to use Wisdom Audio Replies and 1-on-1 Calls for his or her personal use. You agree to keep Wisdom Audio Replies and 1-on-1 Calls private and not to merchandise anything on our Services.
Rights Grant to Mentees: You hereby grant to each Mentee of the Wisdom Audio Reply and 1-on-1 Calls a non-exclusive right to use and access, the Wisdom Audio Reply for personal purposes only for up to five (5) years from the date of delivery of each such Wisdom Audio Reply to the Mentee. Such five (5) year period survives any cessation of services provided by you as a Mentor through the Services.
Licenses: Please note that the rights granted in this section are fully-paid and royalty free, meaning we do not owe you anything in connection with the use of your Wisdom Audio Reply, by us, Mentees, other than the payment set forth in Section 2. We may exercise our rights under this license anywhere in the world. We may sublicense our rights as needed to provide and promote our Service or otherwise in accordance with these Terms. Finally, the licenses granted in this Section 3 are perpetual, meaning that the rights granted under these licenses continue even after you stop using our Service.
Mentor Representations and Warranties: You represent and warrant that:
you own all rights in and to your Wisdom Audio Reply and 1-on-1 Call and that you have the right to grant the rights described in these Terms;
you have paid and will pay in full any fees, royalties, or other payments that are due or may become due in connection with any creation, distribution and use of your Wisdom Audio Reply and 1-on-1 Call;
your agreement to these Terms and the provision of any services by you does not violate any agreement that you may have with any third party;
your Wisdom Audio Reply and 1-on-1 Call does not infringe, misappropriate, or otherwise use without necessary authorization, any intellectual property rights, privacy rights, publicity rights, moral rights, or other legal rights of any third party, or violate any law, regulation, or court order;
you will not post or make publicly available any Wisdom Audio Reply and 1-on-1 Call that the Mentee has requested remain private and you will not ask us for permission to create or post same;
you will not send merchandise or anything else to a Mentee other than as permitted by these Terms;
you agree not to edit, change, modify, or remove the watermark from any Wisdom Audio Reply and 1-on-1 Call or assist or encourage any third party to do so; and
you will not remake any Wisdom Audio Reply and 1-on-1 Call unless asked by us to do so.
Treatment of Wisdom Audio Reply and 1-on-1 Call: Any Wisdom Audio Reply and 1-on-1 Call is non-confidential, non-proprietary, and must not contain or include any information which you do not have the right to disclose or that you do not wish to be disclosed. We will not be responsible or liable for any use or disclosure of Wisdom Audio Reply and 1-on-1 Call, including any personal information included in that Wisdom Audio Reply and 1-on-1 Call. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, joint-venture, employer/employee, agency, or other type of special relationship, and that your decision to participate in our Service or submit any Wisdom Audio Reply and 1-on-1 Call does not place us in a position that is any different from the position held by members of the general public, including with regard to your Wisdom Audio Reply and 1-on-1 Call. None of your Wisdom Audio Reply and 1-on-1 Call will be subject to any obligation of confidence by us, Mentees, or third parties, and we will not be liable or responsible for any use or disclosure of any Wisdom Audio Reply and 1-on-1 Call.
Refusal and Removal of Wisdom Audio Reply and 1-on-1 Call: We may refuse to accept or transmit Wisdom Audio Reply and 1-on-1 Call for any reason without notice to you. We may remove Wisdom Audio Reply and 1-on-1 Call from our Application for any reason without notice to you.
Cancellation of Account: If you cancel your account, you may, on at least thirty business days’ advance written notice to us, request that we no longer include your Wisdom Audio Reply on our Application and that we not make any new public use of them. You acknowledge and agree that we cannot restrict the use of your existing Wisdom Audio Reply and 1-on-1 Call by the Mentees for whom you created them.
Moral Rights: You hereby waive any and all moral rights or “droit moral” that you may have in Wisdom Audio Reply and 1-on-1 Call, and you represent and warrant that no third party has any moral, “droit moral” or other rights in the Wisdom Audio Reply and 1-on-1 Call.