Terms and Conditions

Last updated: April 8, 2026

1. Acceptance of Terms

These Terms and Conditions ("Terms") form a legally binding agreement between you and Wish Well ("we," "us," "our"), operated by Wish Well Inc. (pending incorporation), a Delaware corporation.

You accept these Terms by ticking the "I agree" checkbox during account creation. You cannot create an account or use the Service without explicit acceptance. Mere browsing of our website does not constitute acceptance.

If you do not agree to these Terms, you must not create an account or use the Service.

2. Eligibility

To use Wish Well, you must be at least 18 years old and have the legal capacity to enter into a binding agreement. Wish Well is designed for parents and legal guardians to manage birthday and occasion gift-giving for children in their care.

Wish Well is not directed to children under 13 and we do not knowingly collect personal information directly from children under 13. All information about children on our platform is provided by parents or legal guardians who have completed our Verifiable Parental Consent process.

3. Account Registration

You may create an account using email and password or Google Sign-In. You agree to:

Provide accurate, current, and complete information during registration
Maintain the security of your credentials
Notify us immediately of any unauthorized use of your account
Complete our Verifiable Parental Consent process before creating any child profile

4. Children's Data and Verifiable Parental Consent

4.1 Parental Consent Required

Before you can create a profile for any child on Wish Well, you must complete our Verifiable Parental Consent ("VPC") process:

You tick a checkbox confirming you are the parent or legal guardian of the child
You receive a confirmation email at your registered email address
You click the confirmation link in that email
You receive a second confirmation email verifying your consent is active

This process satisfies the "Email Plus" method of Verifiable Parental Consent under 16 CFR § 312.5(b)(2).

4.2 Information We Collect About Children

We collect only the minimum information reasonably necessary to provide the Service:

Child's first name
Child's age and birthday (month and day required; year optional but helps calculate age)
Child's gender (optional)
Child's interests (optional, parent-selected from our preset list)
Child's clothing and shoe sizes (optional, free text)
An illustrated avatar generated from a non-identifying string (we do not store or process real photographs of children)
Wishlist items and notes added by the parent
Saturated and welcome gift categories (optional parent preferences)

4.3 How Children's Information Is Used

Children's information is used exclusively to:

Display the child's wishlist to the parent and to gift-givers the parent shares the wishlist with
Calculate birthday countdowns and send the parent reminder emails
Generate age-appropriate gift suggestions for the parent
Provide gift-givers with context to help them choose appropriate gifts

4.4 Third-Party Disclosure

We do not transmit any personally identifying information about children — including names, ages, birthdays, sizes, photos, or any direct identifiers — to any third-party service.

When we use AI features (provided by Anthropic), we send only de-identified context such as "a child who likes dinosaurs and LEGO." No child names, no actual ages, no other identifiers.

Avatars are illustrated characters stored locally on the platform. No child data is sent to any third-party avatar service.

Sharing a wishlist with family or friends via a link is a disclosure you make, not a disclosure we make. By sharing a wishlist, you authorize Wish Well to display the information on that wishlist to anyone who has the link.

4.5 Data Retention and Deletion

We retain children's information only as long as necessary to provide the Service.

You may delete any child's profile or your entire account at any time through your account settings. Upon deletion:

Active database records are removed within 7 days
Backup database records are removed within 30 days
We will not retain any children's information beyond these periods except where required by law

4.6 Parental Rights

As a parent or legal guardian, you have the right to:

Review all information we have collected about your child at any time through your account
Correct or update any information
Delete any or all of your child's information
Refuse to allow further collection or use of your child's information (by deleting the account)

To exercise any of these rights, use your account settings or contact us at wishwellteam@wishwellapp.com.

4.7 COPPA Compliance Statement

Wish Well is operated in accordance with the Children's Online Privacy Protection Act (COPPA, 15 U.S.C. §§ 6501-6506) and its implementing regulations (16 CFR Part 312). Our Verifiable Parental Consent process, data collection practices, retention schedule, and parental rights comply with COPPA requirements.

5. User Content

You retain all ownership rights to the content you submit to Wish Well (wishlist items, notes, avatars, photos of gifts, stories about gifts, and other content, collectively "User Content").

By submitting User Content, you grant Wish Well a non-exclusive, worldwide, royalty-free license to store, display, and process that content solely for the purpose of operating the Service for you. This license ends when you delete your User Content or your account.

This license does not include the right to use your User Content to train AI models. We do not use User Content for machine learning training, model improvement, or any purpose beyond providing the Service to you.

You agree not to submit User Content that:

Infringes any third party's intellectual property rights
Is defamatory, obscene, harassing, threatening, or unlawful
Contains malware or harmful code
Violates any person's privacy rights
Sexualizes, exploits, or endangers any minor
Promotes violence, discrimination, or illegal activity

6. Acceptable Use

You agree not to:

Use the Service for any unlawful purpose
Impersonate any person or entity
Harass, abuse, or harm other users
Attempt to gain unauthorized access to any part of the Service
Use automated means (bots, scrapers) without our written permission
Interfere with or disrupt the Service
Reverse engineer any part of the Service
Use the Service to send spam or unsolicited messages
Collect information about other users without their consent

We may suspend or terminate your account if we believe you have violated these Terms.

7. Affiliate Disclosure

Wish Well may earn affiliate commissions when users click on product links and make purchases through third-party retailers. This affiliate relationship does not influence which items appear on wishlists — those are chosen entirely by parents or children.

Affiliate links are clearly disclosed at the point where they appear. When you see a "Buy This Gift" button on a wishlist item, you will see a small disclosure near the button: "Wish Well may earn a commission on purchases made through this link." This disclosure appears at every affiliate link, not only in these Terms.

This affiliate relationship is how Wish Well generates revenue to operate the free Service. We disclose this in compliance with the Federal Trade Commission's Endorsement Guides (16 CFR Part 255).

As an Amazon Associate, Wish Well earns from qualifying purchases.

8. AI Features

Wish Well uses artificial intelligence provided by Anthropic (makers of the Claude AI model) to power certain features:

Gift suggestions for parents based on a child's age and interests
Product information extraction from URLs and screenshots
A conversational gift concierge for gift-givers

8.1 How AI Features Handle Your Data

When you use an AI feature, Wish Well sends only de-identified context to the AI provider. We never send children's names, exact ages, birthdays, sizes, or any other direct identifiers to the AI provider. For example, when asking the gift concierge for suggestions, we send "a child who likes dinosaurs and LEGO" — never "Emma, age 7."

The AI provider (currently Anthropic) does not retain your prompts for model training and does not use your data to improve their models, under the terms of our agreement with them.

8.2 AI Output Is Advisory Only

AI-generated suggestions are provided as helpful suggestions only. They are NOT vetted or curated for:

Safety or age-appropriateness
Product recall status
Current availability
Accuracy of descriptions or prices

You are responsible for reviewing, verifying, and confirming any AI-suggested product before purchasing it. We make no representation or warranty that AI-suggested products are safe, appropriate, available, or accurately described. This includes checking for recall status, age-appropriateness, choking hazards, and any other safety considerations.

8.3 AI Mistakes

AI systems can make mistakes, including generating inaccurate information (sometimes called "hallucinations"). Do not rely on AI output for any decision that affects safety, health, or finances without independent verification.

9. Third-Party Retailers and Links

The Service contains links to third-party retailers (such as Amazon, Target, Walmart, LEGO, and others). Wish Well is not affiliated with or endorsed by these retailers except as disclosed in Section 7.

When you click a product link and make a purchase from a third-party retailer:

The transaction is between you and the retailer
The retailer's terms and privacy policies apply
Wish Well does not process payments, ship products, handle returns, or provide customer support for retailer purchases
Wish Well is not responsible for the accuracy of product information displayed on the retailer's site

You are responsible for verifying product details (price, availability, size, specifications, age-appropriateness, recall status) on the retailer's site before purchase.

10. Intellectual Property

10.1 Our Intellectual Property

The Service, including its design, code, logos, and illustrations (but excluding User Content), is owned by Wish Well and protected by copyright, trademark, and other intellectual property laws.

10.2 DMCA Safe Harbor

Wish Well respects the intellectual property rights of others. We comply with the Digital Millennium Copyright Act (DMCA) and have designated an agent to receive notifications of claimed copyright infringement.

Designated DMCA Agent:

Email: wishwellteam@wishwellapp.com
Name and address: [To be registered with US Copyright Office before launch]

DMCA Takedown Procedure:

If you believe that User Content on Wish Well infringes your copyright, send a notice to our designated agent containing:

A physical or electronic signature of the copyright owner or authorized representative
Identification of the copyrighted work claimed to be infringed
Identification of the material that is claimed to be infringing and its URL on the Service
Your contact information
A statement that you have a good faith belief that the use is not authorized
A statement, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act on their behalf

Counter-Notification Procedure:

If you believe your content was removed in error, you may submit a counter-notification containing:

Your physical or electronic signature
Identification of the material that was removed and its location before removal
A statement, under penalty of perjury, that you have a good faith belief the material was removed by mistake or misidentification
Your name, address, phone number, and consent to the jurisdiction of federal court
A statement that you will accept service of process from the person who provided the original notification

Repeat Infringer Policy:

Wish Well terminates the accounts of users who are repeat infringers of copyright. We maintain records of infringement complaints and count multiple notifications against the same user as repeat infringement.

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains what information we collect, how we use it, and your rights regarding your data.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WISH WELL DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, SAFE, OR APPROPRIATE.

13. Limitation of Liability

13.1 Statutory Carve-Out

Nothing in these Terms limits or excludes liability that cannot be limited or excluded by applicable law, including but not limited to liability for:

Gross negligence
Willful misconduct
Fraud
Statutory damages under consumer protection laws
COPPA violations
State privacy law violations (CCPA, CPRA, VCDPA, CPA, and similar)
Biometric privacy law violations (BIPA and similar)

13.2 Other Liability

Subject to Section 13.1, to the fullest extent permitted by law, Wish Well's total aggregate liability for all claims arising from the Service in any 12-month period will not exceed the greater of (a) amounts you have paid Wish Well in that period, or (b) one hundred US dollars ($100).

Wish Well is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or other intangible losses.

14. Indemnification

You agree to indemnify and hold harmless Wish Well from any claims arising from your violation of these Terms, your User Content, or any false or unauthorized information you provide about a child.

15. Termination

You may delete your account at any time through your account settings. Upon deletion, your account and all associated data will be removed within 30 days.

We may terminate your account if you violate these Terms, if we believe your conduct is harmful to the Service, or if required by law.

16. Dispute Resolution and Arbitration

16.1 Informal Resolution First

Before filing any formal claim, you and Wish Well agree to attempt to resolve any dispute through informal negotiation by emailing wishwellteam@wishwellapp.com. We will respond within 30 days.

16.2 Binding Arbitration

If informal resolution fails, any dispute arising from these Terms or the Service will be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (not Commercial Rules). Wish Well will pay all AAA filing fees, administrative fees, and arbitrator fees for any individual consumer claim.

16.3 Location of Arbitration

Arbitration will take place:

At your election: by video conference, by telephone, or by written submission
Or, if you prefer an in-person hearing: in the federal judicial district where you reside

You are not required to travel to Delaware or any other specific location.

16.4 Public Injunctive Relief Preservation

You retain the right to seek public injunctive relief in court if a waiver of that right would be unenforceable under the law of your state (such as under California's McGill v Citibank ruling). This provision is severable — if any part of the class waiver below is unenforceable, it applies only to the specific remedy affected, and the rest of this Section 16 remains in effect.

16.5 Class Action Waiver

Subject to Section 16.4, you agree to bring claims only on an individual basis, not as a class action, class arbitration, or consolidated proceeding.

16.6 30-Day Opt-Out

You may opt out of this arbitration agreement within 30 days of creating your Wish Well account by emailing wishwellteam@wishwellapp.com with the subject line "Arbitration Opt-Out" and your account email. Opting out does not affect any other provision of these Terms.

16.7 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles, except that your state's consumer protection laws apply where they provide greater protection than Delaware law.

17. Changes to These Terms

17.1 Non-Material Changes

We may make non-material changes to these Terms (such as fixing typos or clarifying existing language) without advance notice. The "Last Updated" date at the top will be updated.

17.2 Material Changes Require Re-Acceptance

For any material change (changes that affect your rights, obligations, data handling, or dispute resolution), we will:

Provide at least 30 days' advance notice via email to the address on your account
Require you to affirmatively re-accept the updated Terms before continuing to use the Service

Continued use of the Service alone does not constitute acceptance of material changes. You must click to accept the new Terms.

If you do not accept the material changes, you may delete your account.

18. State-Specific Privacy Rights

18.1 California Residents (CCPA/CPRA)

Under the California Consumer Privacy Act and California Privacy Rights Act, you have the right to:

Know what personal information we collect, use, and disclose
Access your personal information
Delete your personal information
Correct inaccurate personal information
Opt out of the "sale" or "sharing" of personal information (Wish Well does not sell or share personal information)
Limit the use of sensitive personal information
Non-discrimination for exercising your rights

Wish Well does not sell personal information and does not share it for cross-context behavioral advertising.

To exercise your rights, use your account settings or email wishwellteam@wishwellapp.com.

18.2 Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, and Other States

Residents of states with comprehensive privacy laws have similar rights including access, deletion, correction, and opt-out rights. To exercise these rights, use your account settings or email wishwellteam@wishwellapp.com.

18.3 Illinois Residents (BIPA)

Wish Well does not collect, capture, purchase, receive, or otherwise obtain biometric identifiers or biometric information as defined in the Illinois Biometric Information Privacy Act (740 ILCS 14/). We do not use facial recognition, fingerprint scanning, voice recognition, or any other biometric technology. Our child avatars are illustrated images generated from random strings, not from photographs or biometric data.

19. International Users

Wish Well is operated from the United States. If you access the Service from outside the United States, you are responsible for compliance with your local laws. We currently do not offer the Service to residents of the European Union, United Kingdom, Canada, or other jurisdictions with specific data protection requirements. Access from those jurisdictions may be restricted.

20. Miscellaneous

Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and Wish Well.

Severability. If any provision is unenforceable, the remaining provisions continue in full force.

No Waiver. Our failure to enforce any right is not a waiver of that right.

Assignment. You may not assign these Terms. We may assign them with notice.

21. Contact

Email: wishwellteam@wishwellapp.com

DMCA Agent: wishwellteam@wishwellapp.com [To be registered with US Copyright Office]