Law, Disputes & Miscellaneous

These Terms and any dispute arising out of or relating to the Services, the Terms, or the relationship between Wigiwork and a user are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles.

This choice of law does not remove any mandatory consumer, privacy, data-protection, employment, platform, or other statutory protection that applies to a user and cannot lawfully be waived by contract.

Subject to those mandatory rights, the state courts of Delaware and the United States District Court for the District of Delaware have exclusive jurisdiction over disputes between Wigiwork and users.

Users consent to the personal jurisdiction of those courts and waive objections based on venue or inconvenient forum to the extent permitted by applicable law.

Where applicable law gives a consumer or another protected user a non-waivable right to bring or defend a claim in another jurisdiction, that right remains unaffected.

Wigiwork's rights to seek protective or equitable relief in another jurisdiction are described in Section 2.

Wigiwork may seek temporary, preliminary, permanent, injunctive, or other equitable relief in any court with jurisdiction where reasonably necessary to prevent, limit, or stop actual or threatened:

• unauthorized access, disclosure, retention, copying, or distribution of confidential or candidate information;
• breaches of NDA-Safe™, confidentiality, Profile Access, or Wigi-DNA™ obligations;
• infringement or misuse of Wigiwork's intellectual-property or proprietary rights;
• fraud, security abuse, platform interference, or unlawful access; or
• other continuing or imminent harm to users, Wigiwork, or the Services.

Wigiwork may bring an enforcement or protective action in a jurisdiction connected to the user, organization, relevant conduct, affected information, or threatened harm where the applicable court has jurisdiction.

Seeking equitable relief does not prevent Wigiwork from pursuing damages or another available remedy.

Nothing in this section guarantees that relief will be granted. Any injunction or other court order remains subject to applicable law, procedural requirements, and the decision of the relevant court.

This section does not override any mandatory jurisdiction, venue, consumer-protection, or procedural right that cannot lawfully be waived.

Before starting formal court proceedings, the party raising a dispute must provide written notice describing the dispute, its basis, and the resolution requested.

The parties will attempt in good faith to resolve the dispute for 30 days after the notice is received.

This requirement does not prevent either party from:

• seeking urgent protective or equitable relief under Section 2;
• taking action before an applicable limitation period expires;
• making a complaint to a regulator or competent authority; or
• exercising a right that cannot lawfully be delayed or restricted.

To the maximum extent permitted by applicable law, disputes between a user and Wigiwork must be brought on an individual basis and not as part of a class, collective, consolidated, coordinated, or representative action.

Neither party may seek to act as a class representative or participate as a member of a class concerning a dispute governed by this waiver.

This section does not limit:

• any representative, collective, public-injunctive, or similar claim that cannot lawfully be waived;
• a user's right to make a complaint to a regulator, supervisory authority, law-enforcement body, or other competent authority;
• an authority's right to investigate or take enforcement action; or
• any other non-waivable procedural or statutory right.

Where this waiver is unenforceable for a particular claim or remedy, it applies only to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, any claim against Wigiwork by an employer, recruiter, agency, organization, or other user acting primarily for business or professional purposes must be commenced within one year after the later of:

• the date the claim arose; or
• the date the claimant knew or reasonably should have known the material facts giving rise to the claim.

A claim not commenced within the applicable period is barred to the maximum extent permitted by law.

For candidates, consumers, and other users entitled to mandatory statutory protections, this section applies only where and to the extent enforceable and does not shorten any limitation period or claim right that cannot lawfully be shortened or waived.

This section does not restrict complaints to regulators or supervisory authorities or any claim, right, or remedy that cannot lawfully be subject to a contractual limitation period.

Users may not assign, transfer, delegate, or otherwise dispose of their rights or obligations under the Terms without Wigiwork's prior written consent, except where applicable law provides otherwise.

Wigiwork may assign or transfer the Terms, incorporated policies, and related rights and obligations:

• to an affiliate;
• as part of a merger, acquisition, financing, restructuring, reorganization, or sale of assets;
• to a successor to all or a substantial part of the relevant business or Services; or
• by operation of law.

Any permitted successor or assignee remains subject to the applicable contractual, confidentiality, privacy, data-protection, and legal obligations associated with the transferred Services.

An assignment or transfer does not reduce any mandatory user right or protection that cannot lawfully be waived.

If any provision of the Terms is found invalid, illegal, or unenforceable, it will be interpreted or modified only to the minimum extent necessary to make it enforceable while preserving its intended effect as closely as possible.

If that is not possible, the affected provision will be severed. The remaining provisions will continue in full force and effect.

A failure or delay by either party to exercise a right or remedy does not waive that right or remedy.

A waiver is effective only if made in writing by an authorized representative of the waiving party and applies only to the specific circumstance for which it is given. A waiver of one breach does not waive any later or continuing breach.

The Terms, policies expressly incorporated into them, and any applicable signed agreement, Order Form, data processing agreement, or other written addendum constitute the agreement between Wigiwork and the applicable user concerning the Services.

Explanatory notices and other Legal & Trust Center pages do not form part of the agreement unless they expressly state otherwise.

Where documents conflict:

• a signed enterprise agreement, addendum, or other negotiated agreement controls to the extent it expressly modifies the Terms;
• an applicable data processing agreement controls concerning the processing of personal data;
• an Order Form controls concerning the Services, quantities, pricing, subscription period, and other commercial terms stated in that Order Form;
• feature-specific terms control for the applicable feature to the extent of a direct conflict;
• otherwise, the Terms control over policies incorporated into them; and
• an explanatory notice does not override a contractual document.

A document controls only within its stated scope. All provisions that do not directly conflict remain effective.

These documents supersede prior or contemporaneous agreements, representations, communications, or understandings concerning the same subject matter, except where an applicable signed agreement expressly states otherwise.