Terms of Service

Last Updated: November 12, 2024

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the WishMe mobile application (the "Service") operated by WishMe ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1. Description of Service

WishMe is a mobile application that helps you:

• Remember important dates like birthdays and anniversaries
• Manage friends, family, and groups
• Receive AI-powered gift recommendations
• Get timely reminders for upcoming events
• Access premium features through subscription

2. User Profile and Data Storage

2.1 Local Data Only

Important: WishMe does NOT create online accounts or store data on our servers. All your data is stored locally on your device only.

When you use the Service, you agree to:

• Provide accurate information for your local profile
• Understand that uninstalling the app will permanently delete all your data
• Be responsible for backing up your data if desired (via export feature)
• Not share your device with unauthorized users

2.2 Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you must have permission from a parent or guardian.

3. Subscription and Payments

3.1 Free Tier

The Service offers a free tier with limited features:

• Unlimited contacts
• Up to 3 groups
• 3 AI gift recommendations per person
• Basic notifications

3.2 Premium Subscription

Premium features are available through a paid subscription:

• Unlimited groups
• 5+ AI gift recommendations per person
• Instagram profile analysis
• Enhanced notifications

3.3 Pricing and Payment

• Subscription price: 150 CZK per month (subject to change)
• Automatically renewable monthly subscription
• Payment processed through Apple App Store or Google Play Store
• Prices include applicable taxes

3.4 Cancellation and Refunds

• You may cancel your subscription at any time
• Cancellation takes effect at the end of the current billing period
• No refunds for partial months
• Refunds subject to App Store or Play Store policies

3.5 Referral Program

• Earn 1 month free Premium for each successful referral
• Referral rewards are cumulative
• We reserve the right to modify or terminate the referral program
• Fraudulent referrals will result in account termination

4. Use of AI Services

4.1 Gift Recommendations

Our Service uses OpenAI's GPT-4.1 to generate gift recommendations:

• Recommendations are AI-generated and may not always be perfect
• We do not guarantee the availability or price of suggested items
• Product links and prices are estimates only
• You are responsible for verifying information before making purchases

4.2 Instagram Analysis (Premium)

• You may upload Instagram screenshots for analysis
• You must have permission to use uploaded images
• Images are sent to OpenAI for processing
• Do not upload images containing sensitive or illegal content

5. User Conduct

You agree NOT to use the Service to:

• Violate any laws or regulations
• Infringe on others' intellectual property rights
• Upload malicious code or viruses
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Collect or store personal data about other users
• Use the Service for commercial purposes without permission
• Attempt to gain unauthorized access to the Service
• Interfere with or disrupt the Service

6. Content and Intellectual Property

6.1 Your Content

You retain ownership of any content you submit to the Service (names, dates, interests, photos). By submitting content, you grant us a license to:

• Store and process your content to provide the Service
• Send your content to third-party services (e.g., OpenAI) as necessary

We do not claim ownership of your content and will not use it for any purpose other than providing the Service.

6.2 Our Intellectual Property

The Service, including its design, code, features, and content (excluding your content), is owned by WishMe and protected by copyright, trademark, and other laws. You may not:

• Copy, modify, or reverse engineer the Service
• Remove any copyright or proprietary notices
• Use our trademarks without permission

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. Please review it to understand our data practices.

Key Points:

• Your data is stored locally on your device only
• We use OpenAI for gift recommendations (see Privacy Policy)
• We do not sell your personal information
• Uninstalling the app permanently deletes all your local data
• You can clear all data via app settings or by uninstalling

8. Notifications

By using the Service, you consent to receive:

• Birthday and event reminders
• Service updates and announcements
• Marketing communications (you may opt out)

You can manage notification preferences in the app settings.

9. Disclaimers and Limitations of Liability

9.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Accuracy of gift recommendations
• Availability of the Service
• Security of data transmission
• Compatibility with your device

9.2 Limitation of Liability

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

• Any indirect, incidental, special, or consequential damages
• Loss of profits, data, or goodwill
• Service interruptions or errors
• Third-party actions or content

Our total liability shall not exceed the amount you paid for the Service in the past 12 months, or 500 CZK, whichever is greater.

9.3 Gift Recommendations Disclaimer

10. Third-Party Services

The Service may contain links to third-party websites or services:

• We are not responsible for third-party content or practices
• Your use of third-party services is at your own risk
• Third-party terms and privacy policies apply

11. Stopping Use of the Service

11.1 By You

You may stop using the Service at any time by:

• Uninstalling the app (this permanently deletes all local data)
• Using the "Delete All Data" option in app settings
• Simply not opening the app anymore

Note: Since all data is stored locally, we have no data to delete on our end. Uninstalling removes everything automatically.

11.2 Premium Subscriptions

If you have an active Premium subscription, you should cancel it through the App Store or Google Play before uninstalling to avoid future charges.

11.3 By Us

We reserve the right to restrict your access to the Service if you:

• Violate these Terms
• Engage in fraudulent activity
• Abuse the Service or other users
• Fail to pay for Premium services

Since we don't have user accounts, restrictions would be implemented through app version updates.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of changes by:

• Posting the new Terms in the app
• Updating the "Last Updated" date
• Sending you a notification for material changes

Your continued use of the Service after changes constitutes acceptance of the new Terms.

13. Geographic Restrictions

The Service is primarily intended for users in the Czech Republic and European Union. We make no claims that the Service is accessible or appropriate for use in other locations.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by the laws of the Czech Republic, without regard to its conflict of law provisions.

14.2 Informal Resolution

Before filing a claim, you agree to try to resolve disputes informally by contacting us at aichatsystems@gmail.com.

14.3 Jurisdiction

Any legal action must be filed in the courts of Prague, Czech Republic. You consent to the exclusive jurisdiction of these courts.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WishMe regarding the Service.

17. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18. Assignment

You may not assign or transfer these Terms without our consent. We may assign these Terms without restriction.

By using WishMe, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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