Legal

Terms of Service

Last updated: December 22, 2024

1. Acceptance of Terms

By downloading, installing, or using the WishDaily mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the App. These Terms constitute a legally binding agreement between you and WishDaily.

2. Description of Service

WishDaily is a free mobile application that provides users with curated images and wishes for various occasions, festivals, and daily greetings. The App allows users to browse, save favorites, and share these images via messaging platforms such as WhatsApp. The App is available on Android and iOS devices.

3. User Eligibility

You must be at least 13 years of age to use this App. By using the App, you represent and warrant that you meet this age requirement. If you are under 18, you should review these Terms with your parent or guardian to ensure they understand and agree to them.

4. Account and Authentication (Optional)

No account is required to use the core features of WishDaily. You can browse images, save favorites locally, and share images without signing in.

Optionally, you may choose to authenticate using your phone number. If you do:

  • You are responsible for maintaining the security of your device and phone number
  • You agree to provide accurate information during verification
  • You are responsible for all activities that occur under your authenticated session
  • You agree to notify us immediately if you suspect unauthorized access to your session

5. Free Service

WishDaily is provided completely free of charge. There are no subscriptions, in-app purchases, or hidden fees. We reserve the right to introduce premium features in the future, but the core functionality of browsing and sharing images will remain free.

6. Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Use the App for any unlawful purpose or in violation of any applicable laws
  • Reproduce, distribute, modify, or create derivative works from our content for commercial purposes without explicit written permission
  • Attempt to gain unauthorized access to the App's systems, servers, or databases
  • Use automated systems, bots, or scripts to access or scrape the App
  • Transmit any viruses, malware, or other harmful code
  • Interfere with or disrupt the App's functionality or servers
  • Impersonate any person or entity
  • Use the images for any illegal, defamatory, or offensive purposes
  • Resell or redistribute the images for commercial gain

7. Content and Intellectual Property

All content in the App, including but not limited to images, text, graphics, logos, icons, and software, is the property of WishDaily or its content licensors and is protected by copyright, trademark, and other intellectual property laws.

Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to use the images in the App for:

  • Personal, non-commercial sharing with friends and family
  • Posting on personal social media accounts
  • Sending through messaging applications like WhatsApp

Prohibited Uses: You may NOT use the images for commercial purposes, including but not limited to: selling, licensing, advertising, marketing materials, or any commercial products without explicit written permission.

8. Third-Party Services

The App integrates with third-party services for functionality:

  • WhatsApp: For sharing images. Your use of WhatsApp is subject to WhatsApp's terms of service.
  • System Share: For sharing via other apps on your device. Each app has its own terms.

We are not responsible for the content, privacy practices, or terms of any third-party services. We encourage you to read their respective terms and privacy policies.

9. Notifications

The App may request permission to send you notifications for daily reminders. You can control notification permissions at any time through the App's settings or your device settings. We will not send unsolicited marketing or promotional notifications.

10. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF CONTENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WISHDAILY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (B) ANY CONTENT OBTAINED FROM THE APP; (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

12. Indemnification

You agree to indemnify, defend, and hold harmless WishDaily and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your use of the App, your violation of these Terms, or your violation of any rights of another party.

13. Modifications to the App

We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the new Terms on this page and updating the "Last updated" date. For significant changes, we may also provide notice through the App. Your continued use of the App after any changes constitutes your acceptance of the new Terms.

15. Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the App will immediately cease. You may stop using the App at any time by uninstalling it from your device.

16. Governing Law and Disputes

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

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Bangalore, Karnataka, India. Before initiating any legal proceeding, you agree to first contact us to attempt to resolve the dispute informally.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WishDaily regarding your use of the App and supersede any prior agreements.

19. Contact Us

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

support@wishdaily.app

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