Terms of Use

Parties & acceptance

Definitions

• “Content” means text, images, links, descriptions, prices, emojis, and other materials you submit to the Service.
• “Guest” means someone who views or interacts with a shared list without registering.
• “Reservation” means marking an item as reserved to reduce duplicate gifts; it is informational only and does not create a sale, contract, or payment obligation with us.

Eligibility

• You may use the Service only if you can form a binding contract with us and are not barred under applicable law.
• If you use the Service on behalf of an organization, you represent that you have authority to bind that organization and “you” includes the organization.

Accounts, access, and security

• You may need an account (e.g. via email sign-in links). You agree to provide accurate information and keep access to your email secure.
• You are responsible for activity under your account. Notify us promptly if you suspect unauthorized access.
• We may suspend or terminate accounts or access where reasonably necessary to protect the Service, users, or comply with law.

The Service; reservations; third-party purchases

• Simple Wisher lets you create wishlists, share links, and (where enabled) allow Guests to reserve items. Features may change from time to time.
• Reservations are coordination aids only. We do not sell gift items, ship goods, or process payments for purchases from third-party retailers.
• Any purchase is solely between the buyer and the third party. We are not responsible for product availability, pricing, delivery, taxes, customs, refunds, or disputes with merchants.

License to use the Service

• Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal or internal business use in line with its intended purpose.
• You must not copy, modify, distribute, sell, or lease any part of the Service or circumvent technical limits, except as allowed by law or with our prior written consent.

User content; license to us

• You retain ownership of your Content. You are responsible for your Content and represent you have the rights needed to submit it.
• You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and distribute your Content solely to operate, secure, improve, and promote the Service (including showing public lists to people with the link).
• You must not upload Content that is unlawful, defamatory, harassing, hateful, infringing, malicious, deceptive, or that violates others’ privacy or intellectual property.

Public lists and sharing

• If you set a list to public or share a link, anyone with the link may view the information you included. You control what you share.
• Guests who reserve may provide a name or reserve anonymously where the list owner allows. That information may be visible to the list owner as described in the Privacy Policy.

Acceptable use

• No unlawful, harmful, or abusive use; no attempting to gain unauthorized access; no scraping or automated access that overloads the Service without permission.
• No introducing malware; no using the Service to spam, phish, or mislead others.
• No impersonation of people or entities; no infringing others’ rights.

Intellectual property

• The Service, including software, branding, and documentation (excluding your Content), is owned by us or our licensors and protected by intellectual property laws.
• If you give feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.

Third-party services

• The Service relies on infrastructure and tools operated by third parties (for example hosting, authentication, database, and email delivery). Their terms may also apply.
• Links to third-party websites are for convenience. We do not control and are not responsible for third-party sites or services.

Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Limitation of liability

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (AND OUR AFFILIATES, DIRECTORS, EMPLOYEES, AND SUPPLIERS) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS.
• TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED US DOLLARS (US$100), IF YOU HAVE NOT PAID US.
• Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.

Indemnity

You will defend, indemnify, and hold harmless us and our affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of your Content, your use of the Service, or your breach of these Terms, except to the extent caused by our willful misconduct.

Term; suspension; termination

• These Terms apply from your first use of the Service until terminated.
• We may suspend or terminate access to the Service at any time, with or without notice, including for breach or risk to security or others.
• You may stop using the Service at any time. Provisions that by their nature should survive (including intellectual property, disclaimers, limitations, indemnity, and governing law) will survive termination.

Governing law; disputes

• These Terms are governed by the laws of England and Wales, without regard to conflict-of-law principles that would require application of another jurisdiction’s laws.
• Subject to mandatory rights you may have under local consumer law, you agree that the exclusive venue for disputes arising out of or relating to these Terms or the Service is the courts of England and Wales.

Changes

• We may modify these Terms from time to time. We will post the updated Terms and update the effective date.
• If changes are material, we will make reasonable efforts to notify you (for example via email or a notice in the Service). Continued use after the effective date of changes constitutes acceptance unless applicable law requires a different process.

General

• These Terms, together with the Privacy Policy (and Cookie information where linked), are the entire agreement between you and us regarding the Service.
• If any provision is unenforceable, the remaining provisions remain in effect.
• Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Contact

support@simplewisher.com