1. Agreement to Terms

Welcome to WishWell! These Terms of Service ("Terms") govern your access to and use of the WishWell website (wishwell.help) and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

We reserve the right to modify these Terms at any time. Continued use of the Services after changes constitutes acceptance of the revised Terms.

2. Eligibility

To use WishWell, you must:

• Be at least 13 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable laws
• Provide accurate and complete registration information

If you are under 18, you represent that you have your parent or legal guardian's permission to use the Services.

3. Account Registration and Security

3.1 Account Creation

You must create an account to use certain features. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

3.2 Account Security

• You are responsible for safeguarding your password
• You must immediately notify us of any unauthorized access to your account
• You are responsible for all activities that occur under your account
• You may not share your account credentials with others
• We reserve the right to suspend or terminate accounts that appear compromised

3.3 One Account Per Person

You may only create one account. Creating multiple accounts to manipulate the platform, evade bans, or abuse the system is prohibited.

4. User Content and Conduct

4.1 Your Content

You retain ownership of any content you create on WishWell ("User Content"), including wishes, support messages, and profile information. By posting User Content, you grant WishWell a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content in connection with operating the Services.

4.2 Prohibited Content

You agree NOT to post content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Violates intellectual property rights of others
• Contains personal information of others without their consent
• Contains viruses, malware, or malicious code
• Is spam, advertising, or promotional material (except for legitimate charity suggestions)
• Impersonates another person or entity
• Promotes illegal activities or violence
• Contains hate speech, discrimination, or bigotry based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
• Exploits minors in any way
• Requests or solicits money, donations, or personal financial support
• Includes external links for commercial purposes (charity websites are allowed)

4.3 Prohibited Conduct

You agree NOT to:

• Use automated systems (bots, scripts, scrapers) to access the Services
• Attempt to gain unauthorized access to any part of the Services
• Interfere with or disrupt the Services or servers
• Collect information about other users without their consent
• Manipulate the charity contribution system or badge system
• Create fake wishes or support messages
• Harass, bully, or intimidate other users
• Engage in any activity that harms WishWell or its reputation

5. Charitable Contributions

5.1 How It Works

WishWell operates a unique charitable giving model where user activity generates contributions to our monthly charity partner:

• 50% of wish contributions go to the current featured charity
• Supporting wishes generates additional charitable contributions
• Badge achievements may contribute to charity earnings

5.2 No Direct Payments

WishWell does NOT accept direct payments from users. You cannot donate money directly through the platform. Charitable contributions are generated through platform engagement only.

5.3 Charity Selection

WishWell selects monthly charity partners based on our criteria. We do not guarantee that any specific charity will be selected. Users may suggest charities, but final selection is at WishWell's sole discretion.

5.4 No Tax Deductions

Because you are not making direct charitable donations, your use of WishWell does NOT qualify for tax deductions. Any tax-deductible donations are made by WishWell on behalf of the community.

6. Intellectual Property Rights

6.1 WishWell's Property

The Services, including all content, features, functionality, software, code, design, graphics, logos, and trademarks, are owned by WishWell and are protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License to You

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes. You may not copy, modify, distribute, sell, or reverse-engineer any part of the Services.

6.3 Copyright Infringement

If you believe your work has been copied in a way that constitutes copyright infringement, please contact us at copyright@wishwell.help with:

• Identification of the copyrighted work
• Location of the allegedly infringing material
• Your contact information
• A statement of good faith belief that use is unauthorized
• A statement that the information is accurate and you are authorized to act

7. Content Moderation

7.1 Our Right to Moderate

We reserve the right, but are not obligated, to monitor, review, edit, or remove User Content that violates these Terms or is otherwise objectionable. We may use automated systems and manual review.

7.2 Reporting

Users can report content they believe violates these Terms. All reports are reviewed, but we are not obligated to take action on every report.

7.3 No Guarantee

While we strive to maintain a safe and positive community, we do not guarantee that all content will be appropriate or that all violations will be detected and removed.

8. Account Suspension and Termination

8.1 By You

You may delete your account at any time by contacting support@wishwell.help. Upon deletion, your personal information will be removed, but your wishes and support messages may remain anonymized.

8.2 By Us

We may suspend or terminate your account at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended period of inactivity
• Any reason at our sole discretion

8.3 Effect of Termination

Upon termination, your right to use the Services immediately ceases. We are not liable for any damages resulting from account suspension or termination.

9. Disclaimers

9.1 "AS IS" Service

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 No Guarantee of Wish Fulfillment

WISHWELL DOES NOT GUARANTEE THAT ANY WISH WILL BE FULFILLED, ANSWERED, OR COME TRUE. The platform is a community for sharing hopes and supporting each other. WishWell is not responsible for outcomes, results, or any actions taken based on information shared on the platform.

9.3 User Content Disclaimer

We do not endorse, verify, or guarantee the accuracy, reliability, or quality of User Content. You rely on User Content at your own risk.

9.4 No Medical, Legal, or Professional Advice

WishWell is not a substitute for professional advice. Do not rely on the platform for medical, legal, financial, or other professional guidance. Always consult qualified professionals for such matters.

9.5 Third-Party Content

We are not responsible for content, services, or websites operated by third parties, including linked charity websites.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISHWELL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Services
• Any conduct or content of any third party on the Services
• Any User Content obtained from the Services
• Unauthorized access, use, or alteration of your content

IN NO EVENT SHALL WISHWELL'S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100) OR THE AMOUNT YOU PAID WISHWELL, IF ANY, IN THE PAST SIX MONTHS.

11. Indemnification

You agree to indemnify, defend, and hold harmless WishWell and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

• Your access to or use of the Services
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting support@wishwell.help. We will attempt to resolve the dispute informally within 60 days.

12.2 Binding Arbitration

If informal resolution fails, you agree that any dispute will be resolved through binding arbitration rather than in court, except as provided below. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for limited discovery, and is subject to very limited review by courts.

12.3 Exceptions

Either party may bring a lawsuit in court for:

• Intellectual property infringement claims
• Small claims court matters
• Injunctive or equitable relief

12.4 No Class Actions

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [YOUR STATE], United States, without regard to its conflict of law provisions. Any legal action or proceeding shall be brought exclusively in the federal or state courts located in [YOUR COUNTY, STATE].

14. General Provisions

14.1 Entire Agreement

These Terms constitute the entire agreement between you and WishWell regarding the Services and supersede any prior agreements.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

14.3 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

14.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

14.5 Survival

Sections that by their nature should survive termination (including disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

15. Contact Information

If you have any questions about these Terms, please contact us: