Terms of Service - Wishly.bio

1. Acceptance of Terms

Welcome to Wishly.bio. By accessing or using our platform, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you and Wishly.bio regarding your use of our website, mobile applications, and related services (collectively, the "Service").

2. Eligibility

You must be at least 13 years old (or the minimum age required in your jurisdiction) to use Wishly.bio. By using our Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

3. Account Registration

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

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Keep your login credentials confidential and secure
Notify us immediately of any unauthorized use of your account
Accept responsibility for all activities that occur under your account

Usernames are assigned on a first-come, first-served basis. We reserve the right to reclaim or reassign usernames that are inactive, misleading, or violate our policies.

4. User Content

You retain ownership of the content you create on Wishly.bio, including wishlists, notes, and profile information ("User Content"). By posting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your content in connection with operating and promoting the Service.

You represent and warrant that:

You own or have the necessary rights to the content you post
Your content does not infringe any third party's intellectual property rights
Your content complies with all applicable laws and these Terms

5. Prohibited Conduct

You agree not to:

Use the Service for any illegal purpose or in violation of any laws
Post content that is harmful, threatening, abusive, defamatory, obscene, or promotes hate
Impersonate any person or entity or misrepresent your affiliation
Collect or harvest user data without consent
Interfere with or disrupt the Service or servers
Attempt to gain unauthorized access to any part of the Service
Use automated means (bots, scrapers) to access the Service without permission
Post spam, unsolicited promotions, or misleading affiliate links
Create multiple accounts for abusive purposes
Circumvent any security features or access controls

6. Affiliate Program and Earnings

Wishly.bio may automatically convert eligible product links to affiliate links. By using this feature, you agree that:

Wishly.bio may receive a commission from purchases made through your wishlist
You may receive a share of affiliate earnings as determined by our program terms
Earnings are estimates and subject to adjustment based on returns, cancellations, and affiliate network policies
You will comply with all applicable disclosure requirements (e.g., FTC guidelines)
We reserve the right to modify or terminate the affiliate program at any time

7. Third-Party Links and Services

Our Service contains links to third-party websites and products. We do not control or endorse these external sites and are not responsible for their content, privacy practices, or any transactions you enter into with them.

8. Intellectual Property

The Wishly.bio name, logo, design, and all related trademarks, service marks, and trade names are the property of Wishly.bio. You may not use our intellectual property without prior written consent.

The Service, including its software, features, and content (excluding User Content), is protected by copyright, trademark, and other intellectual property laws.

9. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

10. Termination

We may suspend or terminate your account at any time, with or without cause, and with or without notice. You may delete your account at any time through your account settings or by contacting us.

Upon termination, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination will remain in effect.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the Service will be uninterrupted, secure, or error-free. We are not responsible for the accuracy or reliability of any product information displayed on wishlists.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISHLY.BIO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

Our total liability for any claims arising under these Terms shall not exceed the greater of (a) the amount you paid us in the past 12 months, or (b) $100 USD.

13. Indemnification

You agree to indemnify and hold harmless Wishly.bio and its affiliates from any claims, losses, damages, liabilities, and expenses (including legal fees) arising out of your use of the Service, your User Content, or your violation of these Terms.

14. Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or participation in a class action.

For small claims, you may choose to pursue your claim in small claims court rather than arbitration.

15. Modifications 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 on our website and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

17. Miscellaneous

Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and Wishly.bio.
Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right.
Assignment: You may not assign these Terms without our consent. We may assign our rights freely.

18. Contact Us

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

Email: legal@wishly.bio
Address: Wishly.bio, [Company Address]