1. Acceptance of Terms

Welcome to Wishr! These Terms of Service ("Terms") govern your access to and use of the Wishr mobile application, website, and services (collectively, the "Services"). By creating an account, accessing, or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree with any part of these Terms, you may not access or use our Services. These Terms constitute a legally binding agreement between you and Wishr.

We may modify these Terms at any time. Continued use of our Services after changes are posted constitutes acceptance of the modified Terms.

2. Eligibility and Account Requirements

2.1 Age Requirements

You must be at least 13 years old to use our Services. Users under 18 should use Wishr under parental guidance. By using our Services, you represent and warrant that you meet these age requirements.

2.2 Account Creation

When creating an account, you agree to:

• Provide accurate, complete, and current information
• Maintain and promptly update your account information
• Choose a unique username that doesn't infringe on others' rights
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breaches

2.3 Account Types

Wishr offers different account types:

• Standard Accounts: Free accounts with full access to core features
• Creator Accounts: Enhanced accounts for content creators, influencers, and public figures with bio management and social media integration features

3. User Content and Conduct

3.1 Your Content

You retain ownership of all content you create, upload, or share through Wishr, including wishlists, items, images, messages, and profile information ("User Content"). By posting User Content, you grant Wishr a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your User Content solely to provide and improve our Services.

3.2 Content Standards

You agree that your User Content will not:

• Violate any laws, regulations, or third-party rights
• Contain hate speech, harassment, or discriminatory content
• Include explicit, obscene, or inappropriate material
• Infringe on intellectual property rights
• Contain viruses, malware, or malicious code
• Promote illegal activities or violence
• Include false, misleading, or deceptive information
• Spam or include unsolicited commercial content

3.3 Prohibited Conduct

You agree not to:

• Use the Services for any unlawful purpose
• Harass, abuse, threaten, or intimidate other users
• Impersonate any person or entity
• Create multiple accounts to evade bans or restrictions
• Scrape, crawl, or harvest user data
• Reverse engineer or attempt to access source code
• Interfere with or disrupt the Services or servers
• Circumvent security measures or access controls
• Use automated systems (bots) without permission
• Resell or commercially exploit the Services

4. Wishlist Features and Functionality

4.1 Creating and Managing Wishlists

You may create, edit, and delete wishlists and items at any time. You control the visibility of your wishlists through privacy settings (Public, Friends Only, Private, or Creator mode). Wishr is not responsible for gifts purchased based on your wishlist information.

4.2 Sharing and Access Requests

You may share your wishlist via unique links, QR codes, or through the app's sharing features. Other users may request access to view your wishlist, which you can approve or deny. You are responsible for managing who has access to your wishlists.

4.3 Purchase Coordination

When users mark items as purchased from your wishlist, this information is used to prevent duplicate gifts. Wishr does not process payments or facilitate actual purchases. All transactions occur on third-party websites. You may choose whether to reveal your identity when purchasing items from others' wishlists.

4.4 Group Purchases

Group purchase features allow multiple users to coordinate buying expensive gifts together. Participants may share email addresses and WhatsApp group links for coordination. Wishr does not facilitate payments or guarantee contribution completion. All financial arrangements are between participants.

4.5 AI Visual Search and Auto-Population

Our AI visual search feature uses third-party services to identify products from photos. Auto-population extracts product information from URLs (Amazon, Etsy, etc.). These features are provided for convenience, and we don't guarantee accuracy of extracted information. You should verify all product details before adding items to your wishlist.

5. Creator Accounts

Creator accounts are designed for content creators, influencers, and public figures. Creator features include enhanced bio management, social media link integration, trending product suggestions, and special visibility settings.

As a creator, you additionally agree to:

• Provide accurate bio and social media information
• Comply with FTC disclosure requirements for sponsored content
• Not use creator features to mislead or deceive users
• Maintain professional conduct in creator-user interactions
• Respect intellectual property rights in trending product suggestions

6. Biometric Authentication

If you enable biometric authentication (Face ID, Touch ID, or fingerprint), you authorize Wishr to store encrypted authentication tokens on your device. Your actual biometric data never leaves your device and is managed by your device's operating system. You can disable biometric authentication at any time in app settings.

You are responsible for ensuring your device's biometric features are secure and only accessible by authorized persons. Wishr is not liable for unauthorized access via compromised biometric authentication.

7. Third-Party Services and Links

Our Services integrate with and link to third-party services, including:

• Product retailers (Amazon, Etsy, etc.)
• Social media platforms (Instagram, Facebook, TikTok, etc.)
• Messaging services (WhatsApp)
• AI and image recognition services

We are not responsible for the content, practices, or policies of third-party services. Your interactions with third parties are governed by their terms and privacy policies. We don't endorse or guarantee any products, services, or information provided by third parties.

Product links may contain affiliate identifiers, and we may earn commissions from purchases made through these links.

8. Intellectual Property Rights

8.1 Wishr's Rights

All rights, title, and interest in the Services, including software, designs, graphics, text, and trademarks, are owned by Wishr. You may not copy, modify, distribute, sell, or reverse engineer any part of our Services without express written permission.

8.2 Trademarks

"Wishr" and associated logos are trademarks of Wishr. You may not use our trademarks without prior written consent.

8.3 Copyright Infringement

If you believe content on Wishr infringes your copyright, contact us at copyright@wishr.com with:

• Description of the copyrighted work
• Location of the infringing content
• Your contact information
• Statement of good faith belief
• Statement under penalty of perjury
• Electronic or physical signature

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our privacy practices as described in the Privacy Policy.

You are responsible for maintaining the confidentiality of information you share through Wishr, including in wishlists, messages, and profile information.

10. Communications and Notifications

By using Wishr, you consent to receive communications from us via email, push notifications, and in-app messages. These may include:

• Service announcements and updates
• Purchase notifications
• Access request notifications
• Messages and replies
• Security alerts
• Promotional communications (which you can opt out of)

You can manage notification preferences in the app settings.

11. Payment and Fees

Wishr is currently free to use. We reserve the right to introduce paid features, subscriptions, or premium services in the future. If we do, we will provide advance notice and clear pricing information. You will have the opportunity to accept new payment terms before being charged.

Wishr does not process payments for gifts. All purchases occur through third-party retailers.

12. Termination and Account Deletion

12.1 Your Rights

You may delete your account at any time through the app settings. Upon deletion, we will permanently remove your personal information, wishlists, messages, and other content within 30 days, subject to our Privacy Policy and legal obligations.

12.2 Our Rights

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

• Violation of these Terms
• Prohibited conduct or content
• Extended periods of inactivity
• Fraudulent or illegal activity
• Protecting other users or our Services
• Legal or regulatory requirements

12.3 Effect of Termination

Upon termination, your right to use the Services immediately ceases. Provisions of these Terms that by their nature should survive termination will remain in effect, including intellectual property rights, disclaimers, limitations of liability, and dispute resolution terms.

13. Disclaimers and Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Services are free from viruses or harmful components
• Results from using the Services will be accurate or reliable
• Third-party product information will be accurate
• AI visual search will correctly identify all products

You use the Services at your own risk. We are not responsible for any purchases, gifts, or financial arrangements made through or based on information from the Services.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISHR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use or inability to use the Services
• Unauthorized access to your account or data
• Third-party conduct or content
• Errors in product information or AI identification
• Failed or incorrect gift purchases
• Group purchase disputes
• Any other matter relating to the Services

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THE SERVICES SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so these limitations may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless Wishr, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your User Content
• Your violation of these Terms
• Your violation of any rights of third parties
• Your conduct in connection with the Services

16. Dispute Resolution

16.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@wishr.com to attempt to resolve the dispute informally. We will attempt to resolve disputes within 60 days.

16.2 Arbitration Agreement

If informal resolution fails, you agree that any dispute will be resolved through binding arbitration in accordance with the American Arbitration Association's rules. Arbitration will take place in the county where you reside or another mutually agreed location.

16.3 Class Action Waiver

You agree to resolve disputes with Wishr on an individual basis only. You waive the right to participate in class actions, class arbitrations, or representative actions.

16.4 Exceptions

Either party may seek injunctive or equitable relief in court to protect intellectual property rights or confidential information.

17. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any legal action or proceeding (not subject to arbitration) must be brought in the federal or state courts located in [Your Jurisdiction].

If you are accessing our Services from outside the United States, you are responsible for compliance with local laws.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms in the app and on our website
• Updating the "Last Updated" date
• Sending an email notification (for significant changes)
• Requiring acceptance through the app (for major changes)

Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms. If you don't agree with the changes, you must stop using the Services and may delete your account.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Wishr regarding the Services.

19.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

19.3 Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

19.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms to any affiliate or successor without restriction.

19.5 Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control.

19.6 Export Compliance

You agree to comply with all applicable export and import laws and regulations.

19.7 Relationship

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Wishr.

20. Contact Information

If you have questions about these Terms of Service, please contact us: