Terms of Service

By accessing or using the Service, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this Service.

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

You must be at least 13 years of age to use this Service. By using the Service and agreeing to these Terms, you represent and warrant that:

• You are at least 13 years of age
• If you are under 18 years of age, you have obtained parental or guardian consent to use the Service
• You have the legal capacity and agree to comply with these Terms
• You are not a minor in the jurisdiction in which you reside, or if you are a minor, you have received parental permission to use the Service
• You will not access the Service through automated or non-human means, whether through a bot, script or otherwise

If you do not meet all of these requirements, you must not access or use the Service.

Wishify.io is an online service that allows users to create customized digital birthday cards that can be shared with others through various means including but not limited to: direct links, QR codes, and social media sharing.

The Service may include features such as:

• Creation of personalized birthday cards with customizable elements
• Selection of designs, themes, and templates
• Addition of personalized messages and content
• Generation of shareable links and QR codes
• Integration with social media platforms for sharing
• Storage of created cards for future access

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice.

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may use the Service without creating an account, but certain features may be limited or unavailable.

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Wishify.io and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Wishify.io.

Templates and Designs: All card templates, designs, graphics, and other visual elements provided by the Service are either owned by us or licensed to us. You may use these elements only as part of the birthday cards you create through our Service and only for personal, non-commercial use.

Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service as permitted by these Terms.

Third-Party Material: Our Service may include or provide access to third-party content, including but not limited to icons, images, animations, and fonts. Such content may be subject to separate terms and conditions from the respective third parties.

Our Service allows you to create, post, link, store, share and otherwise make available certain information, text, graphics, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

Content License: By posting Content to the Service, you grant us the right to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

Representations and Warranties: You represent and warrant that: (i) the Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions: You agree not to use the Service to create, upload, post, send, or store any Content that:

• Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or otherwise objectionable
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party
• Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware
• Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity

You agree not to engage in any of the following prohibited activities:

• Using the Service for any purpose in violation of local, state, national, or international law
• Copying, distributing, or disclosing any part of the Service in any medium, including by any automated or non-human means
• Using any automated system, including "robots," "spiders," "offline readers," etc., to access the Service
• Transmitting spam, chain letters, or other unsolicited email
• Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service
• Taking any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure
• Collecting or harvesting any personally identifiable information from the Service
• Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity
• Interfering with the proper working of the Service
• Accessing any content on the Service through any technology or means other than those provided or authorized by the Service

Wishify.io offers both free and paid services. By selecting a paid subscription or feature, you agree to pay the applicable fees.

Free Services: We offer basic birthday card creation and sharing features at no cost. These free services may be subject to limitations such as the number of cards you can create, available templates, or sharing options.

Premium Services: We may offer enhanced features through premium plans or one-time purchases. Fees for premium services will be clearly disclosed before you complete your purchase.

Payment Processing: We use third-party payment processors to bill you through a payment account linked to your account on the Service. The processing of payments will be subject to the terms, conditions, and privacy policies of such payment processors in addition to these Terms.

Subscription Terms: For subscription-based services, your subscription will automatically renew at the end of each subscription period unless you cancel it before the renewal date. You may cancel a subscription at any time through your account settings or by contacting our customer support.

Refunds: All purchases are final and non-refundable, except as required by applicable law or at our sole discretion.

Free Trials: We may offer free trials of our premium services. When a free trial period ends, your account will automatically be charged for the applicable subscription unless you cancel before the trial period ends.

Price Changes: We reserve the right to adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes will be communicated to you in advance.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

We may introduce new features, change existing features, or remove features from the Service at any time. Any new features that augment or enhance the current Service shall also be subject to these Terms of Service.

Termination by You: You may terminate these Terms at any time by discontinuing use of the Service or, if applicable, by canceling your account.

Termination by Us: We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Effect of Termination: Upon termination, your right to use the Service will immediately cease. If your account is terminated, we may delete any content or other materials associated with your account and we will have no liability for doing so.

Survival: All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Service Provided "As Is": Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

No Warranty: Wishify.io, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Limitation of Liability: In no event shall Wishify.io, nor its directors, employees, partners, agents, 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; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

Some jurisdictions do not allow the disclaimer of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

You agree to defend, indemnify and hold harmless Wishify.io and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

• Your use and access of the Service
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your Content caused damage to a third party

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

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Dispute Resolution: Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes, except that you may assert claims in small claims court if your claims qualify.

Class Action Waiver: You agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

Venue: The arbitration will occur in [Location]. For any actions not subject to arbitration, you and Wishify.io agree to submit to the personal jurisdiction of the federal and state courts located in [Jurisdiction].

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

We recommend that you periodically review these Terms to stay informed of any updates.

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

• Website: https://wishify.io
• Email: contact@wishify.io
• Developer: Tahir Khan