Terms of Service

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. You are responsible for everything that happens under your account, including the security of your credentials. We may suspend or terminate accounts that violate these Terms, applicable law, our acceptable-use rules, or that we reasonably believe pose risk to other users, payment processors, or the platform.

Wish Wizard provides software that lets creators ("Creators") publish wishlists and lets supporters ("Pledgers") contribute money toward those wishes. We are not a party to any gift, donation, sale, or commercial transaction between Creators, Pledgers, or third-party merchants. We do not manufacture, sell, ship, warrant, or take title to any product listed on a wishlist. References to retailers, products, brands, prices, or product images are provided by Creators and are for informational purposes only.

Payments are processed by Stripe, Inc. and its affiliates ("Stripe"). By pledging, you also agree to Stripe's terms and authorize Stripe to charge your chosen payment method for the pledge amount plus any disclosed platform fee and applicable taxes. Pledges are denominated in U.S. dollars unless otherwise stated. You represent that any payment method you use is lawfully yours to use.

A pledge is a conditional contribution toward a wishlist item. Funds may be held, released, refunded, or reversed depending on item funding status, Creator activity, fraud signals, chargebacks, sanctions screening, or payment-processor decisions outside our control.

All pledges are intended to be final once an item is funded and fulfillment has begun. We may, at our sole discretion, issue refunds for pledges that are duplicate, fraudulent, made in error, or where an item cannot be fulfilled. We do not guarantee delivery, condition, fitness, or value of any item a Creator chooses with funded pledges. Chargebacks initiated without first contacting us at support@wishwizard.app may result in account suspension and recovery of associated fees.

Creators are solely responsible for the legality, accuracy, and appropriateness of their wishlist content; for using pledged funds in good faith toward listed items or substantially similar items; for complying with tax, gift, and consumer-protection laws applicable to them; and for honoring any thank-you messages, rewards, or other promises made to Pledgers. Wish Wizard is not a fiduciary, escrow agent, broker-dealer, money transmitter, or charitable organization.

You agree not to use the Service to (a) post unlawful, hateful, harassing, defamatory, sexually exploitative, or infringing content; (b) solicit funds for illegal activity, weapons, drugs, gambling, hate groups, or sanctioned persons; (c) impersonate any person or misrepresent affiliation; (d) circumvent platform fees, run multi-account schemes, money laundering, or chargeback fraud; (e) scrape, reverse engineer, or interfere with the Service; or (f) collect personal data of other users beyond what the product surfaces. We may remove content and terminate accounts that violate this section without notice.

Wish Wizard, the wand mark, the wordmark, the look & feel, and all platform software are owned by us or our licensors. You retain ownership of content you upload but grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, adapt, publish, and display that content for the purpose of operating, improving, and promoting the Service. You represent that you have all rights necessary to grant this license.

The Service integrates with third-party services including Stripe (payments), our cloud and database providers, and retailer links. Your use of those services is governed by their own terms and privacy policies. We are not responsible for any third-party act, omission, outage, pricing change, or product listing.

Read this carefully.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, UNINTERRUPTED OR ERROR-FREE OPERATION, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT ANY WISHLIST WILL BE FUNDED, ANY ITEM WILL BE DELIVERED, OR THAT FUNDS WILL BE USED AS DESCRIBED.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WISH WIZARD, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF PLATFORM FEES WE ACTUALLY COLLECTED FROM YOU IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

You will defend, indemnify, and hold harmless Wish Wizard and its affiliates from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or related to: (i) your use of the Service; (ii) your content or wishlist items; (iii) your violation of these Terms or applicable law; or (iv) your violation of any third-party right.

These Terms are governed by the laws of Canada, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Service will be resolved exclusively by binding individual arbitration administered under the rules of a mutually agreed arbitration body, except that either party may bring an individual action in small-claims court. YOU AND WISH WIZARD WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. If this waiver is found unenforceable, the dispute will proceed in the state or federal courts located in Canada, and the parties consent to personal jurisdiction and venue there.

We may modify, suspend, or discontinue the Service at any time. We may update these Terms by posting a revised version on this page and updating the "Last updated" date. Material changes will be communicated as required by law. Continued use of the Service after changes take effect constitutes acceptance.

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver. You may not assign these Terms without our prior written consent; we may assign them freely. These Terms, together with our Privacy Policy and Cookie Notice, are the entire agreement between you and us regarding the Service.

Questions about these Terms? Write to legal@wishwizard.app.