Terms of Service

Please read carefully these Terms of Service ("Terms") and our Privacy Policy before using the services offered by WishMate (also "we", "us"). These Terms constitute a legally binding agreement between WishMate and you (also "User", "you", "your"), which regulates your use of the website and services accessible via our platform.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND WishMate THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 14 "MANDATORY BINDING ARBITRATION" BELOW FOR DETAILS REGARDING ARBITRATION.

By using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not access or use our Services.

Welcome to WishMate, an AI-powered gift recommendation platform. By accessing or using our website, app, or services (collectively, the "Service"), you agree to comply with and be bound by these Terms of Service ("Terms").

If you do not agree with these Terms, you may not use or access the Service. These Terms constitute a legally binding agreement between you and WishMate.

WishMate provides AI-powered gift recommendation services designed to help users discover, organize, and purchase gifts for any occasion. Our Service includes:

• Personalized gift recommendations based on preferences and occasions
• Gift wishlists and organization tools
• Links to third-party retailers for purchasing
• Gift tracking and reminder features

We do not sell products directly, but we may include affiliate links to third-party retailers. Any purchases you make through external links are governed by the retailer's own terms and policies. We are not responsible for their actions, prices, availability, or product quality.

To use certain features, you may be required to create an account. When registering, you must provide accurate, complete, and current information. You are responsible for:

• •Maintaining the confidentiality of your login credentials:
• •All activities that occur under your account:
• •Immediately notifying us of any unauthorized use or security breach:

WishMate is not liable for any loss or damage resulting from unauthorized access due to your failure to maintain account security. You must be at least 16 years old to create an account.

You agree not to engage in the following activities:

• •Using the Service for any unlawful purpose:
• •Attempting to gain unauthorized access to our systems or user data:
• •Interfering with or disrupting the operation of the Service:
• •Using automated scripts, bots, or scrapers to collect information without permission:
• •Reverse-engineering, copying, or redistributing any part of the Service:
• •Impersonating others or providing false information:
• •Uploading malicious code, viruses, or harmful content:

We reserve the right to suspend or terminate accounts that violate these Terms without prior notice.

All content, features, and functionality on the Service—including but not limited to text, images, logos, trademarks, software, and AI algorithms—are owned by WishMate or its licensors and are protected by international copyright, trademark, and intellectual property laws.

You may not copy, reproduce, modify, distribute, or create derivative works without our explicit written consent. You are granted a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes only.

Some features of the Service may require a paid subscription. Subscriptions are billed in advance on a recurring basis (monthly or annually) and will automatically renew unless canceled.

Cancellation: You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period. No refunds will be provided for partial subscription periods.

Refund Policy: We offer a 14-day money-back guarantee for first-time subscribers. To request a refund, contact us at [email protected] within 14 days of your initial purchase.

Payment Processing: Payments are processed through third-party providers (e.g., Stripe). We do not store credit card information directly. We reserve the right to modify our pricing and subscription models with 30 days' notice to affected users.

The Service is provided "as is" and "as available" without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that:

• •The Service will be uninterrupted, secure, or error-free:
• •AI recommendations will be accurate, suitable, or meet your expectations:
• •Third-party links or products will meet your requirements:
• •Any errors or defects will be corrected:

AI Recommendations Disclaimer: Our AI-powered recommendations are generated based on algorithms and user input. We make no guarantees about the accuracy, appropriateness, or success of any recommendations. Gift choices and purchasing decisions remain your sole responsibility.

To the maximum extent permitted by law, WishMate and its affiliates, officers, directors, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses arising out of:

• Your use or inability to use the Service
• Unauthorized access to or alteration of your data
• Third-party conduct or content on the Service
• Any errors, mistakes, or inaccuracies in recommendations

Our total liability for any claim related to these Terms shall not exceed the amount paid by you (if any) for the use of the Service during the twelve (12) months preceding the claim, or $100, whichever is greater.

You agree to indemnify, defend, and hold harmless WishMate and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any content you submit or transmit through the Service

We reserve the right to suspend or terminate your access to the Service at any time, without notice, for conduct that we believe violates these Terms, is harmful to other users, us, or third parties, or for any other reason at our sole discretion.

Upon termination, your right to use the Service will immediately cease, and all related data may be deleted in accordance with our Privacy Policy. Sections of these Terms that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, and limitations of liability.

We may modify these Terms from time to time to reflect legal, technical, or operational changes. When updates occur, we will revise the "Last Updated" date and, where appropriate, notify you by email or through the Service.

Material changes will be notified at least 30 days in advance. Continued use of the Service after such changes constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and may cancel your account.

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the courts located in Warsaw, Poland, unless otherwise required by law or as specified in the arbitration clause below.

PLEASE READ THIS SECTION CAREFULLY. If you are a user located in the United States, this section affects your rights and requires you to resolve disputes through binding arbitration rather than in court.

Agreement to Arbitrate: You and WishMate agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be settled by binding arbitration, except that either party may bring a claim in small claims court if it qualifies.

Class Action Waiver: You and WishMate agree that any arbitration will be conducted on an individual basis only and not as a class action, consolidated action, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms.

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

Waiver: No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

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

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

Email: [email protected]