Terms of Service

Last Updated: March 8, 2025

1. Agreement to Terms

Welcome to Whocomply!

These Terms of Service ("Terms") govern your access to and use of the Whocomply platform and services (collectively, the "Services") provided by Whocomply, Inc. ("Whocomply," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services.

2. Description of Services

Whocomply provides a compliance automation platform designed to help enterprise organizations, particularly in financial services, manage regulatory compliance efficiently. Our Services include:

  • Organization management tools
  • Dynamic forms and workflow management
  • Compliance document collection and management
  • Request management and tracking
  • Automated email notifications
  • Role-based access controls
  • Two-factor authentication implementation

3. Account Registration and Security

3.1 Account Creation

To use certain features of our Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

3.3 Two-Factor Authentication

We may provide the option to enable two-factor authentication (2FA) for your account. Organizations may choose to enforce 2FA for all members. You agree to maintain accurate contact information to ensure 2FA functionality.

4. User Conduct and Restrictions

4.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation
  • To transmit any material that is defamatory, obscene, invasive of another's privacy, harassing, or otherwise objectionable
  • To impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services

4.2 Restricted Activities

You further agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services
  • Attempt to gain unauthorized access to the Services, computer systems, or networks connected to the Services
  • Use any robot, spider, or other automatic device to access the Services for any purpose
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material
  • Attempt to decompile, reverse engineer, disassemble, or otherwise reduce the Services to human-perceivable form

5. Beta Program

If you are participating in our Beta Program:

  • You acknowledge that the Services are in a beta testing phase
  • You agree to provide feedback when requested
  • You understand that the Services may contain bugs, errors, or other issues
  • We may terminate the Beta Program or your participation in it at any time
  • Pricing, features, and availability may change after the Beta Program concludes

6. Content and Data

6.1 Your Content

Any content you upload, submit, store, send, or receive through our Services ("Your Content") remains your property. By providing Your Content to us, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, and display Your Content solely for the purpose of providing the Services to you.

6.2 Client Data

You are responsible for ensuring that you have the necessary rights and consents to upload, process, and store information about your clients through our Services. You represent and warrant that your collection and use of client information complies with all applicable laws and regulations, including data protection and privacy laws.

6.3 Data Security

We implement reasonable security measures to protect Your Content and client data. You are responsible for maintaining the confidentiality of your account credentials and for implementing appropriate security measures within your organization.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Services and their content, features, and functionality are and will remain the exclusive property of Whocomply and its licensors. The Services are protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

7.2 Feedback

If you provide us with any feedback or suggestions regarding the Services, you hereby assign to us all rights in such feedback and agree that we shall have the right to use such feedback in any manner we deem appropriate.

8. Subscription and Payment

8.1 Subscription Terms

Access to certain features of the Services may require a subscription. Subscription terms, including pricing and features, will be disclosed before you purchase a subscription. We reserve the right to change subscription terms upon notice.

8.2 Payment

You agree to pay all fees associated with your subscription. All fees are exclusive of taxes, which you are responsible for paying. You authorize us to charge your payment method for all fees incurred.

8.3 Refunds

All fees are non-refundable except as required by law or as explicitly stated in these Terms.

9. Termination

9.1 Termination by You

You may terminate your account and subscription at any time by following the instructions on our website or by contacting us.

9.2 Termination by Us

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

9.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

IN NO EVENT SHALL WHOCOMPLY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES.

12. Indemnification

You agree to defend, indemnify, and hold harmless Whocomply and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including any intellectual property right or privacy right; or (d) any claim that Your Content caused damage to a third party.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in San Francisco County, California.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such modifications will constitute your acknowledgment of the modified Terms and agreement to be bound by them.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Whocomply regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.

17. Contact Us

If you have any questions about these Terms, please contact us at:

  • Email: legal@whocomply.com
  • Address: Whocomply, Inc., 123 Compliance Street, Suite 200, San Francisco, CA 94105, USA