Terms of Service

Last Updated: January 26, 2025

1. Acceptance of Terms

By downloading, installing, accessing, or using the Wishe mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the App.

We reserve the right to modify these Terms at any time. Your continued use of the App after any changes constitutes acceptance of the modified Terms.

2. Eligibility

You must meet the following requirements to use Wishe:

• You must be at least 18 years old
• You must have the legal capacity to enter into binding agreements
• You must not be prohibited from using the App under applicable laws
• You must provide accurate and complete information when creating an account

3. User Accounts

3.1 Account Creation

To use certain features of the App, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account

3.2 Account Security

You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. User Content

4.1 Content Ownership

You retain ownership of all content you create, upload, or post through the App ("User Content"), including wishes, images, videos, and text.

4.2 License to Us

By posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to:

• Use, reproduce, modify, and display your User Content within the App
• Distribute your User Content to other users as part of the App's matching and social features
• Use your User Content for promotional and marketing purposes (with your consent)

4.3 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the right to post the User Content
• Your User Content does not violate any third-party rights
• Your User Content complies with all applicable laws and regulations

5. Prohibited Activities

You agree not to:

• Post, upload, or transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity or falsely state your affiliation with any person or entity
• Harass, abuse, or harm other users
• Violate any applicable local, state, national, or international law
• Interfere with or disrupt the App or servers connected to the App
• Attempt to gain unauthorized access to the App or related systems
• Use the App for any commercial purpose without our prior written consent
• Collect or store personal data about other users without their consent
• Use automated systems (bots, scrapers) to access the App
• Circumvent or attempt to circumvent any security measures

6. Wish Matching and Contracts

6.1 Matching System

Our App uses an algorithm to match users with compatible wishes. We do not guarantee:

• That you will be matched with any specific user
• That matches will result in successful wish fulfillment
• The accuracy or effectiveness of the matching algorithm

6.2 Contracts

When you enter into a contract with another user:

• You are entering into a binding agreement with that user
• We are not a party to your contract
• We are not responsible for contract performance or disputes
• You are responsible for fulfilling your contractual obligations

7. Energy Points and Virtual Currency

The App may include a virtual currency system ("Energy Points"). Energy Points:

• Have no real-world monetary value
• Cannot be exchanged for cash or other goods outside the App
• Are subject to our rules and may be modified or revoked at any time
• May be forfeited if you violate these Terms

8. Intellectual Property

The App, including its design, features, and functionality, is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Remove any copyright, trademark, or other proprietary notices
• Use our trademarks or logos without our prior written consent

9. Termination

9.1 Termination by You

You may terminate your account at any time by deleting the App or contacting us to request account deletion.

9.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if you:

• Violate these Terms
• Engage in fraudulent, abusive, or illegal activity
• Fail to pay any fees owed (if applicable)
• Otherwise create risk or legal exposure for us

9.3 Effect of Termination

Upon termination, your right to use the App will immediately cease. We may delete your account and User Content, subject to our data retention policies.

10. Disclaimers

THE APP IS 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
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR AVAILABILITY

We do not warrant that the App will be uninterrupted, secure, or error-free.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE APP
• DAMAGES RESULTING FROM INTERACTIONS WITH OTHER USERS

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

12. Indemnification

You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the App
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another

13. Dispute Resolution

Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration, except where prohibited by law. You waive your right to participate in a class-action lawsuit or class-wide arbitration.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which we operate, without regard to its conflict of law provisions.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements.

17. Contact Us