Terms of Service

Last updated: July 2, 2026

1. Acceptance of Terms

By downloading, installing, or using the WishDay mobile application ("App") and related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

We may modify these Terms at any time. Your continued use of the Service after changes constitutes acceptance of the modified Terms. We will provide notice of material changes through the App or via email.

2. Description of Service

WishDay is a personal occasion reminder and message crafting application that:

  • Helps you remember important dates (birthdays, anniversaries, etc.)
  • Sends push notification reminders
  • Uses AI to generate personalized messages for your occasions
  • Allows you to share messages with your contacts

The Service is provided "as is" and may be modified, suspended, or discontinued at any time without prior notice.

3. Account Registration

  • You must create an account to use the Service.
  • You must provide accurate information and keep it updated.
  • You are responsible for maintaining the security of your account credentials.
  • You are responsible for all activities under your account.
  • You must notify us immediately of any unauthorized access.
  • You must be at least 13 years old to use the Service.

4. Acceptable Use

You agree NOT to use the Service to:

  • Violate any laws or regulations
  • Harass, abuse, or harm others
  • Generate or distribute hateful, discriminatory, or harmful content
  • Impersonate others or misrepresent your affiliation
  • Attempt to gain unauthorized access to the Service or other systems
  • Interfere with or disrupt the Service
  • Use automated means (bots, scrapers) to access the Service
  • Circumvent any security measures
  • Use the AI features to generate illegal, harmful, or inappropriate content

We reserve the right to terminate accounts that violate these terms.

5. AI-Generated Content

WishDay uses third-party artificial intelligence providers (such as Google Gemini and OpenAI) to generate message suggestions. Regarding AI-generated content:

  • No Guarantee: AI-generated messages are suggestions only. We do not guarantee their accuracy, appropriateness, or suitability for your situation.
  • Your Responsibility: You are responsible for reviewing, editing, and approving any AI-generated content before sharing it.
  • Not Professional Advice: AI messages are not substitutes for professional communication in sensitive situations.
  • Content Ownership: You retain rights to the context you provide and the final messages you create or edit.

6. User Content

You retain ownership of all content you create or input into the Service (occasion details, personal context, edited messages). By using the Service, you grant us a limited license to process this content solely to provide the Service to you.

You represent that you have the right to input any content you provide and that it does not violate any third-party rights.

7. Intellectual Property

  • The WishDay name, logo, and app design are our trademarks.
  • The App's code, features, and functionality are our intellectual property.
  • You may not copy, modify, distribute, or reverse engineer the App.
  • All third-party trademarks remain the property of their owners.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to our privacy practices.

9. Push Notifications

The Service uses push notifications to send you reminders. By enabling notifications:

  • You consent to receive reminder notifications at your specified times.
  • You can disable notifications at any time through your device settings or the App.
  • We will not use notifications for advertising or marketing purposes.

10. Service Availability

We strive to maintain the Service's availability but do not guarantee uninterrupted access. The Service may be unavailable due to:

  • Scheduled maintenance
  • Technical issues or outages
  • Third-party service disruptions
  • Force majeure events

We are not liable for any loss or damage resulting from Service unavailability.

11. Disclaimer of Warranties

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

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY OF CONTENT

We do not warrant that the Service will be error-free, secure, or meet your requirements.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISHDAY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, or goodwill
  • Service interruptions or data loss
  • Actions taken based on AI-generated content
  • Unauthorized access to your account

Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim (or $100 if you have not paid anything).

13. Indemnification

You agree to indemnify and hold harmless WishDay and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you create, share, or distribute using the Service

14. Termination

We may terminate or suspend your account at any time for violation of these Terms or for any other reason at our discretion. You may delete your account at any time through the App settings.

Upon termination:

  • Your right to use the Service immediately ends
  • We may delete your data (subject to our Privacy Policy retention periods)
  • Provisions that should survive termination will remain in effect

15. Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles. Any disputes shall be resolved in the courts of India.

16. Dispute Resolution

Before filing any legal claim, you agree to attempt to resolve disputes informally by contacting us. If we cannot resolve the dispute within 30 days, either party may pursue formal legal action.

17. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WishDay regarding the Service and supersede any prior agreements.

19. Contact Information

For questions about these Terms, please contact us at [email protected] or through the app's Settings → Help & Support section.

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