Terms of Service

These Terms of Service ("Terms") govern your access to and use of The Wishing Well website and services, including the Wishing Well app available at https://www.wellwishes.ai (the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

1. Eligibility

The Service is intended for adults aged 18 and over. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2. Accounts and security

• To use certain features, you must create an account using an email and password or an OAuth provider such as Google, Apple, or Facebook.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• You agree to notify us promptly at privacy@wellwishes.ai if you suspect unauthorized access to your account.

3. Use of the Service

You agree to use the Service only for lawful purposes and in accordance with these Terms.

In particular, you agree that you will not:

• Use the Service in any way that violates applicable laws or regulations.
• Upload, share, or transmit content that is hateful, harassing, threatening, defamatory, obscene, or otherwise inappropriate for recipients.
• Upload content that infringes or violates someone else's intellectual property, privacy, or other rights.
• Attempt to gain unauthorized access to the Service or related systems.
• Interfere with or disrupt the operation of the Service.
• Use the Service for spam, scams, or commercial solicitations unrelated to the purpose of the platform.

4. Wells, wishes, and your content

• You retain ownership of the text and video content ("Content") you submit to the Service, subject to the rights you grant below.
• By submitting Content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, process, display, and transmit that Content solely for the purpose of operating and improving the Service (for example, storing and playing back wishes, generating thumbnails, sending notifications, and providing support).
• You are solely responsible for the Content you submit, including ensuring that you have all necessary rights and permissions from any individuals appearing in your videos or mentioned in your text.
• You understand that other users may view your Content based on the privacy settings you choose (recipient-only, contributors-only, or public).

5. Payments and donations

• Certain features of the Service may be paid, including premium plans, well unlocks, or optional donations.
• Payments are processed by third-party providers such as Stripe. We do not store full payment card details on our servers.
• All prices and billing terms will be presented to you at the point of purchase. By submitting a payment, you authorize the charge to your selected payment method.
• Unless we state otherwise at the time of purchase, payments are non-refundable except where required by law.

6. Intellectual property

• The Service, including its design, logo, text, graphics, and software, is owned by The Wishing Well or its licensors and is protected by copyright and other intellectual property laws.
• Except for the limited rights expressly granted to you in these Terms, no license or right is granted to you by implication or otherwise.
• You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code, except as permitted by law.

7. Third-party services

The Service relies on third-party services such as Supabase, Cloudinary, Stripe, Pusher, and Mixpanel, as well as authentication providers like Google, Apple, and Facebook. Your use of these services may be subject to their own terms and privacy policies. We are not responsible for the content, policies, or practices of these third parties.

8. Termination and suspension

• We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe that you have violated these Terms, misused the Service, or created risk or possible legal exposure for us or other users.
• You may stop using the Service at any time and may request deletion of your account and associated personal data as described on our Data Deletion page.

9. Disclaimers

• The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied.
• We do not guarantee that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected.
• To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of liability

To the fullest extent permitted by law, The Wishing Well and its owners, affiliates, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, goodwill, or other intangible losses, resulting from:

• Your use of or inability to use the Service.
• Any unauthorized access to or use of our servers or your account.
• Any deletion, loss, or failure to store or transmit Content or other data.

In no event will our total liability for all claims relating to the Service exceed the greater of (a) the amount you have paid to us for use of the Service in the 12 months preceding the claim, or (b) USD $50.

11. Indemnification

You agree to indemnify and hold harmless The Wishing Well and its owners, affiliates, and service providers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Service or your violation of these Terms.

12. Governing law

These Terms are governed by and construed in accordance with the laws of the United States of America and the laws of the state in which we are based, without regard to conflict-of-law rules. You agree to submit to the personal jurisdiction of the courts located in that state for any dispute arising out of or relating to these Terms or the Service.

13. Changes to these Terms

We may update these Terms from time to time. When we make changes, we will update the "Last updated" date at the top of this page. For material changes, we may also notify you by email or prominent notice in the app. Your continued use of the Service after changes become effective means you accept the revised Terms.

14. Contact

If you have any questions about these Terms, please contact us at privacy@wellwishes.ai.