Wishr Docs

Terms of Service

Acceptance of Terms

By accessing or using the Wishr app ("Service"), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, do not use the Service.

Apple App Store EULA

For apps downloaded from the Apple App Store, Apple's Standard Licensed Application End User License Agreement (EULA) applies in addition to these Terms of Service. You can view Apple's Standard EULA at: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

In case of any conflict between Apple's Standard EULA and these Terms, Apple's EULA shall take precedence for iOS users.

Limitation of Liability and Warranties

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

WE DO NOT WARRANT THAT:

  • The Service will be uninterrupted, secure, or error-free
  • The results obtained from using the Service will be accurate or reliable
  • Any errors in the Service will be corrected
  • The Service will be free from viruses or other harmful components

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  1. No Liability for Data Loss: We are not liable for any loss of data, content, wishlists, or user-generated materials
  2. Third-Party Content: We are not responsible for the accuracy, availability, legality, or content of third-party product recommendations, affiliate links, or API data
  3. AI-Generated Content: We are not liable for AI-generated recommendations, suggestions, or any decisions made based on AI outputs
  4. Maximum Liability Cap: Our total liability to you for all claims is limited to the lesser of:
    • (a) The amount you paid us in the past 12 months, or
    • (b) €100 (one hundred euros)
  5. Exclusion of Damages: We exclude all liability for indirect, consequential, special, incidental, or punitive damages, including but not limited to:
    • Loss of profits or revenue
    • Loss of data or business opportunities
    • Costs of procurement of substitute services
    • Reputational damage

User Indemnification

You agree to indemnify, defend, and hold harmless SteinFluss (the operator), its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Content you upload or share through the Service

Your Statutory Rights

Nothing in these Terms affects your statutory rights as a consumer under applicable law, including EU consumer protection laws.

Content

It is not allowed to upload content that is not suitable for minors, i.e. violence, gambling, sexual content or anything else that is illegal or age-restricted. Furthermore, any form of discrimination or hate speech against other persons or groups of persons is prohibited. We reserve the right to remove content that violates these guidelines.

Affiliate Links

Some links in the app can be affiliate links. This means that if you buy something through this link, we will receive a commission. By using our product, you agree to this and agree to our privacy policy. You can find more information in our privacy policy.

Product Recommendations

We recommend products based on various third-party APIs. These recommendations may include images, text, links, prices, or other data.

Disclaimer: We do our best to filter inappropriate recommendations and ensure accuracy, but we cannot verify every single recommendation. Therefore:

  • We take no responsibility for the copyright, accuracy, availability, pricing, or legality of recommended products
  • Product data is fetched from third-party resources over which we have no absolute control
  • We are not responsible for the content of linked pages or external websites
  • Product availability, pricing, and specifications may change without notice
  • Images and descriptions are provided by third parties and may be inaccurate

Reporting Issues: If you see inappropriate content or recommendations, please screenshot it and contact us at support@wishrapp.net. We will investigate and take appropriate action as soon as possible.

Artificial Intelligence (AI) Features

AI Gift Recommendations

Our app includes AI-powered gift recommendation features that analyze your wishlist data to suggest personalized gifts. By using these features, you acknowledge and agree to the following terms:

Usage Limitations

  • Rate Limiting: AI features are subject to usage limits to ensure fair access for all users
  • Daily Quotas: The number of AI-generated recommendations may be limited per day
  • Service Availability: AI features depend on third-party services and may be temporarily unavailable
  • Quality Disclaimer: While we strive for accuracy, AI-generated recommendations are suggestions only and may not always meet your expectations

Data Processing

  • Consent Required: AI features require your explicit consent before activation
  • Data Sharing: Your wishlist data and recipient information will be shared with AI service providers
  • Data Retention: AI providers may temporarily process your data to generate recommendations
  • Privacy Protection: No personal identifiers or account information are shared with AI providers

Limitations and Disclaimers

  • No Guarantee of Accuracy: AI recommendations are generated by algorithms and may not always be appropriate or accurate
  • No Liability: We are not responsible for the quality, appropriateness, or accuracy of AI-generated gift suggestions
  • User Responsibility: You are responsible for evaluating and validating any AI-generated recommendations before making purchases
  • Service Interruption: AI features may be temporarily unavailable due to maintenance, technical issues, or service provider limitations

Third-Party AI Services

Our AI features rely on third-party services (including Groq). We are not responsible for:

  • The availability or performance of these third-party services
  • The quality or accuracy of AI-generated content
  • Any issues arising from the use of third-party AI services
  • Changes to third-party service terms or availability

Wishr Pro Subscription

Subscription Terms

By subscribing to Wishr Pro, you agree to the following terms:

Subscription and Purchase Options

Wishr Pro is offered with the following purchase options:

  1. Purchase Options:

    • Monthly auto-renewing subscription
    • Annual auto-renewing subscription
    • Lifetime one-time purchase (non-renewing)

  2. Payment and Renewal:

    • Payment will be charged to your Apple App Store or Google Play Store account at confirmation of purchase
    • Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
    • Your account will be charged for renewal within 24 hours prior to the end of the current period
    • The renewal cost will be the same as the original subscription price unless you are notified otherwise

  3. Managing and Canceling Subscriptions:

    • You can manage and cancel subscriptions in your device's account settings
    • iOS: Settings > [Your Name] > Subscriptions
    • Android: Google Play Store > Menu > Subscriptions
    • You may cancel your subscription at any time
    • Cancellation takes effect at the end of the current billing period
    • No refunds are provided for partial subscription periods

  4. Free Trials (if applicable):

    • Free trials may be offered for new subscribers
    • If you do not cancel before the trial period ends, you will be automatically charged for a paid subscription
    • You must cancel at least 24 hours before the trial period ends to avoid charges

  5. Refund Policy:

    • Refund policies are determined by Apple App Store and Google Play Store policies
    • Contact Apple or Google directly for refund requests
    • We do not have the ability to issue refunds for purchases made through app stores
    • App Store Control: All purchases are processed by Apple App Store or Google Play Store. We CANNOT issue refunds directly
    • Request Refunds:
    • EU Consumer Rights: The 14-day cooling-off period (EU Directive 2011/83/EU) does NOT apply to digital content once you have accessed it with our permission
    • No Pro-Rata Refunds: Canceling a subscription does not entitle you to a refund for the remaining portion of your billing period

  6. Price Changes:

    • Subscription prices may change with advance notice
    • You will be notified of any price changes before they take effect
    • Continued use of the subscription after a price change constitutes acceptance of the new price

  7. Payment Processing:

    • All payments are processed by Apple App Store or Google Play Store
    • We use RevenueCat to manage subscription status and validate purchases
    • Your payment information is handled directly by Apple or Google and is not stored on our servers or shared with RevenueCat

Lifetime Purchase (One-Time Payment)

The lifetime purchase option provides permanent access to Wishr Pro features with the following terms:

  1. One-Time Payment:

    • Lifetime access is granted through a single one-time payment
    • No recurring charges or subscription renewals
    • Payment is processed once at time of purchase

  2. Access Duration:

    • Lifetime access means access for the lifetime of the app, not the user's lifetime
    • Access is valid as long as the Wishr app is available and operational
    • We do not guarantee the app will be available indefinitely

  3. Feature Access:

    • Lifetime purchase includes access to all current Wishr Pro features at the time of purchase
    • New features added to Wishr Pro in the future will be included at our discretion
    • We reserve the right to modify, add, or remove features as needed for app improvements

  4. Device and Account:

    • Lifetime purchase is linked to your app store account (Apple ID or Google account)
    • Can be restored on multiple devices using the same app store account
    • Cannot be transferred to a different app store account

  5. Refund Policy:

    • Subject to Apple App Store and Google Play Store refund policies
    • Contact Apple or Google directly for refund requests within their refund windows
    • After the refund window expires, purchases are generally non-refundable

  6. No Guarantee of Service Continuity:

    • While we aim to maintain the app long-term, we cannot guarantee indefinite availability
    • The app or specific features may be discontinued in the future
    • Lifetime purchases do not entitle users to compensation if the app is discontinued
    • We will provide reasonable notice if major changes or discontinuation occur

Legal Documents

By subscribing, you agree to our:

For subscription support, contact: support@wishrapp.net

Service Availability

  • No Guaranteed Uptime: While we strive for high availability, we do not guarantee 100% uptime for any features, including premium features
  • No Guaranteed Functions: Features may be modified, updated, or discontinued at any time without prior notice
  • Service Interruptions: Maintenance, updates, or technical issues may temporarily affect service availability
  • Third-Party Dependencies: Some features depend on third-party services which may have their own availability limitations

Acceptable Use Policy

  • No Abuse: You agree not to abuse, exploit, or misuse the service, including but not limited to:
    • Automated or scripted access to services
    • Sharing account credentials with others
    • Circumventing usage limits or restrictions
    • Using the service for illegal purposes
  • Fair Usage: Excessive usage that impacts service quality for other users may result in account restrictions
  • Account Termination: We reserve the right to terminate accounts that violate these terms without refund

Changes to Terms and Service

Terms Updates

  • We reserve the right to modify these Terms at any time
  • Material changes will be notified to you at least 30 days in advance via email or in-app notification
  • Continued use of the Service after changes take effect constitutes acceptance of the new Terms
  • You can view the current version of these Terms at any time at: https://wishrapp.net/terms-of-service

Service Modifications

We reserve the right to:

  • Modify, suspend, or discontinue any feature or functionality without prior notice
  • Update the app and require you to install updates to continue using the Service
  • Terminate or suspend access to the Service for maintenance, security, or legal reasons
  • Change subscription pricing with advance notice to existing subscribers

Account Termination

Your Right to Terminate

  • You may stop using the Service at any time
  • You can cancel subscriptions through your device's app store settings
  • You can request account deletion by contacting support@wishrapp.net

Our Right to Terminate

We reserve the right to terminate or suspend your access to the Service immediately, without prior notice or liability, if you:

  • Violate these Terms of Service
  • Engage in fraudulent, abusive, or illegal activity
  • Upload prohibited content
  • Attempt to circumvent usage limits or security measures
  • Use the Service in a manner that harms other users or our systems

No Refunds: Termination for violation of these Terms does not entitle you to a refund.

Governing Law and Dispute Resolution

Governing Law

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

Jurisdiction

Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts located in Germany.

EU Consumer Rights

Nothing in this section affects your rights as a consumer under mandatory provisions of your local law, including your right to bring proceedings in your country of residence.

Online Dispute Resolution

EU users may also use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement

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

Contact Information

For questions about these Terms of Service, contact us at:

Limitation of Liability (Summary)

IMPORTANT NOTICE:

  • We are not liable for any indirect, incidental, special, consequential, or punitive damages
  • Our total liability is limited to the amount paid for the subscription in the preceding 12 months or €100, whichever is less
  • We do not guarantee that premium features will meet your specific requirements or expectations
  • You use the Service at your own risk
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