wishesAI.com
Last updated: February 28, 2023
Thank you for using our product! We build it to make your life easier and give you some fun. Because we don't know every one of our customers personally, we have to put in place some Terms of Service to help keep the ship afloat.
When we say “Company”, “we”, “our”, or “us” in this document, we are referring to wishesAI.com. When we say “Services” or “Service”, we mean the web application created and maintained by us, which you can access at wishesAI.com.
When we say “You” or “your”, we are referring to the people or organizations that use or own an account with our Services.
We may update these Terms of Service in the future. When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.
If you violate any of the terms, we may terminate your account.
1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2. You may not use the Services for any illegal purpose or to violate any laws.
3. You are responsible for all activity that occurs under your account. That includes activity performed by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
1. For privacy reasons, we do not store generated wishes - remember to download (or share) them immediately after each generation, as you will not be able to do it later again.
2. You have a year from the purchase date to generate wishes, after this time your unused wishes generations will expire (expiration date is visible in the "Account" tab).
3. The application uses a technology that is still in the experimental phase and therefore has some limitations that you should be aware of and accept before using it.
Generated wishes and/or drawings may not always meet your expectations - they may be inaccurate or strange.
In particular, you should take into account that:
For this reason, when generating wishes, you have a choice of several images and texts - so that you can choose the best ones. But you should know that this still does not always guarantee perfect results.
Such limitations resulting from the imperfection of current technology will not be accepted as a reason for a refund.
4. The information you enter to generate wishes (name, interest, occasion etc.) cannot contain words or phrases that could result in generating content that is inconsistent with OpenAI's Content Policy.
This means you should avoid inputs that may be, for example, offensive or include the names of public figures.
Such attempts will result in an error when generating wishes.
1. Services are billed on a one-time basis. You will be billed in advance at the time of purchase.
2. The purchase allows you to use the product a certain number of times, indicated at the time of purchase.
3. If you are using a free trial of our Services, we do not ask you for your credit card information.
4. Our payment process is conducted by our online reseller and payment processor Paddle (Paddle.com). Paddle is the Merchant of Record for all orders placed on our website. Paddle also provides invoicing, handling requests for refunds, reconciliation and initial order related support. When making a payment, you would have to agree to the separate Paddle’s Terms and Conditions.
5. All fees are inclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, Paddle will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
6. Except when required by law, paid fees are non-refundable.
1. Using all purchased quantities does not mean deleting your account - to permanently delete your account (and all your information) contact us at contact@wishesai.com.
2. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account. Termination will furthermore result in the deletion of your account or your access to your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. The aim of this clause is to prevent abuse.
3. Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.
1. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
2. We also reserve the right at any time to modify the prices, including for existing customers.
1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for our Services, but do take uptime of our applications seriously.
2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
3. We take measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.
4. When you use our Services, you agree that we may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
1. The names, look, and feel of the Services are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company's logo or any Service logos for promotional purposes. We reserve the right to rescind this permission.
2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
3. You must not modify another website so as to falsely imply that it is associated with the Services or the Company.
We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.
We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.
We provide technical support by email. Responses are provided on a reasonable effort basis, without guaranteed response time.
In order to use Services, it is necessary that you have an active Internet connection and a web browser that supports key functions of the application. While we make an effort to cover most popular modern browsers, not all of them may be currently supported.
We mention liability throughout these Terms but to put it all in one section:
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
This agreement shall be governed by the laws of Poland, and the courts of Poland shall have exclusive jurisdiction to hear and determine all issues that may arise under or in relation to this agreement.
If you have a question about any of the Terms of Service, please contact us.
Adapted from the Basecamp open-source policies / CC BY 4.0