Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Wish Genie (“Company,” “we,” “us,” or “our”) governing your access to and use of the wishgenie.app website and all related services (collectively, the “Service”).

By accessing or using the Service, you affirm that you are at least 18 years of age, are legally capable of entering into a binding contract, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Nature of the Service

2.1 Platform Description

Wish Genie is a social platform that allows users to create and share wishlists with links to external retailers (such as Amazon, Target, Walmart, and other stores). The Service is designed for social sharing, gift coordination, and community engagement.

The Service is not:

• A marketplace, e-commerce platform, or payment processor
• A charity, nonprofit organization, or fundraising platform
• A financial services provider, bank, or money transmitter
• A crowdfunding platform like GoFundMe, Kickstarter, or similar services
• A product fulfillment service or delivery platform

2.2 External Purchases Only

Wish Genie does not process any payments or handle any financial transactions. When users wish to gift items from a wishlist, they purchase those items directly from external retailers using registry links provided by wishlist creators. All purchases, payments, shipping, and customer service are handled entirely by those external retailers.

2.3 No Guarantees

We do not guarantee, warrant, or represent that:

• Any user's wishlist, profile, or claims are accurate, truthful, or legitimate
• Any items on wishlists exist, are accurately priced, or are available for purchase
• Registry links provided by users are valid, safe, or lead to legitimate retailers
• Users who mark items as “gifted” have actually purchased or sent those items
• Users are who they claim to be

3. User Responsibilities and Conduct

3.1 Account Responsibility

You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Ensuring all information you provide is accurate and current
• Complying with all applicable laws and regulations

3.2 Prohibited Conduct

You agree not to:

• Create false, misleading, or fraudulent wishlists or profiles
• Impersonate any person or entity
• Use the Service for any illegal purpose, including fraud, money laundering, or tax evasion
• Harass, abuse, threaten, or intimidate other users
• Solicit funds under false pretenses
• Create multiple accounts to circumvent restrictions or manipulate the platform
• Attempt to reverse engineer, hack, or compromise the Service
• Use automated systems, bots, or scrapers to access the Service
• Violate any third party's rights, including intellectual property rights
• Post content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable

3.3 Due Diligence

Before purchasing items for another user, you are solely responsible for conducting your own due diligence. You acknowledge that you should verify the legitimacy of wishlists and users before making any purchases. We recommend only gifting to people you know or whose identity you can independently verify.

4. Honor System and Gift Marking

4.1 No Payment Processing

Wish Genie does not process, handle, or facilitate any payments or financial transactions. All purchases are made directly between users and external retailers. For any payment issues, refunds, or disputes related to purchases, you must contact the retailer where the purchase was made.

4.2 Misuse of Gift Marking

Users who abuse the gift marking system may have their accounts suspended or terminated. Prohibited conduct includes:

• Marking items as gifted without actually purchasing them
• Falsely claiming to have received items that were not delivered
• Using the platform to deceive or defraud other users

5. External Purchases and Gifting

5.1 No Payment Processing

Wish Genie does not process any payments or financial transactions. We are a wishlist sharing platform only. When users wish to gift items from a wishlist, they purchase those items directly from external retailers (such as Amazon, Etsy, or other stores) using the purchase links provided by wishlist creators.

5.2 Honor System

5.3 External Retailer Responsibility

All purchases are made through external retailers. We are not responsible for:

• The accuracy of purchase links or product listings
• Pricing, availability, or shipping of products
• Payment processing, refunds, or disputes with retailers
• Delivery, shipping issues, or product quality
• Any transactions between users and external retailers

For any issues with purchases, please contact the retailer directly.

5.4 No Fees

Wish Genie is free to use. We do not charge any fees for creating wishlists, browsing, or marking items as gifted. We may introduce optional premium features in the future with clear pricing.

6. Disclaimers and Limitation of Liability

6.1 “As Is” Service

The Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free.

6.2 No Liability for User Actions

We are not liable for any actions, conduct, or content of any user, including:

• Fraudulent, deceptive, or misleading wishlists or profiles
• Scams, cons, or other schemes perpetrated by users
• False claims about identity, circumstances, or needs
• Falsely marking items as gifted or falsely claiming receipt
• Harassment, abuse, or other harmful conduct between users
• Any illegal activity conducted through or facilitated by the Service

6.3 Limitation of Damages

To the maximum extent permitted by law, in no event shall Wish Genie, its directors, officers, employees, agents, partners, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) any purchases made through external retailers based on wishlist links; or (v) unauthorized access, use, or alteration of your transmissions or content.

6.4 Maximum Liability

Our total liability to you for all claims arising out of or relating to the Service shall not exceed one hundred dollars ($100 USD). Since the Service is provided free of charge, this limitation reflects the nature of the platform.

7. Indemnification

You agree to defend, indemnify, and hold harmless Wish Genie, its directors, officers, employees, agents, partners, suppliers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use of and access to the Service
• Your violation of these Terms
• Your violation of any third party right, including any intellectual property or privacy right
• Any claim that your content or conduct caused damage to a third party
• Any purchases you make based on wishlist links or registry URLs
• Your violation of any applicable law or regulation

This indemnification obligation will survive the termination of these Terms and your use of the Service.

8. Assumption of Risk

You expressly acknowledge and agree that your use of the Service is at your sole risk. You assume full responsibility for all risks associated with using the Service, including but not limited to:

• The risk that users may misrepresent themselves or their circumstances
• The risk that users may falsely mark items as gifted or falsely claim receipt
• The risk that registry links may be inaccurate, outdated, or lead to unexpected destinations
• The risk of technical failures, errors, or service interruptions
• The risk of unauthorized access to your account or personal information
• The risk of interacting with unknown individuals on the internet

9. Dispute Resolution

9.1 Disputes Between Users

Any disputes between users are solely between those users. We are not a party to any disputes and have no obligation to mediate, arbitrate, or resolve disputes between users. You release us from any and all claims, demands, and damages arising out of or in any way connected with such disputes.

9.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in English, and the seat of arbitration shall be Delaware, United States.

9.3 Arbitration Opt-Out

9.4 Class Action Waiver

You agree that any claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You waive any right to participate in a class action lawsuit or class-wide arbitration.

9.5 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.

10. Intellectual Property

The Service and its original content, features, and functionality are owned by Wish Genie and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

By posting content on the Service, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

11. Account Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, for any reason or no reason, with or without notice. Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and all associated data, including wishlists
• Any pending gift confirmations will be canceled
• You remain bound by these Terms for any prior use of the Service

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on this page and updating the “Last Updated” date. Your continued use of the Service after any modifications constitutes acceptance of the updated Terms.

13. 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 so that these Terms shall otherwise remain in full force and effect and enforceable.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Wish Genieregarding the Service and supersede all prior agreements and understandings, whether written or oral.

15. Contact Information

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

Email: legal@wishgenie.app
Website: wishgenie.app