Terms of Use ("Terms")

Please read these terms and conditions carefully before using the WishIn website (“Our Service”).

This Agreement is between the individual accessing or using Our Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable (“You”) and WISHIN LLC ("WishIn").

Acknowledgment

These are the Terms of Use governing the use of this Service and the agreement that operates between You and WishIn. These Terms of Use set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

WishIn is a wishlist website for content creators and public personalities to receive funds for gifts from their fans. "Users" or "Wishers" post items on their wishlist and "Gifters" sponsor the purchase of the item through the WishIn website. WishIn does not purchase any items on behalf of our Users ("Wishers"). WishIn sends the funds for the item directly to the User, through our third-party payment gateway, and the User may complete the purchase on their own behalf.

Electronic Communications

Visiting https://wishin.bio or sending emails to WishIn constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

When You create an account with Us, You must provide WishIn information that is accurate, complete, and current at all times. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that WishIn is not responsible for third-party access to your account that results from theft or misappropriation of your account. WishIn and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

You may not use as a username or profile image the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name or image that is otherwise offensive, vulgar or obscene.

Content Restrictions

WishIn is not responsible for the content of the Service's users. “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.

• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

• Images of nudity or explicitly sexual acts.

• Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

• Impersonating any person or entity including the Company and its employees or representatives.

• Violating the privacy of any third person.

• False information and features.

WishIn reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. WishIn further reserves the right to make formatting and edits and change the manner of any Content. WishIn can also limit or revoke the use of the Service if You post such objectionable Content. As WishIn cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will WishIn be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Prohibited Activity

Users of WishIn, including both Wishers and Tenders, agree not to use the Site in any manner contrary to our list of Prohibited Activities, and acknowledge that this list is not exhaustive, and at any time, WishIn, at its sole discretion may require a user to update their account or face deactivation.

It is prohibited (for the User) to collect or (for the Gifter/Tender) to send funds with the implicit or explicit purpose of facilitating potential illegal or prohibited activities. Such activities may include any exchange of goods or services between the User and the Gifter. WishIn only allows the sending of gift funds and tips to our Users with donative intent and complete knowledge that nothing may be requested or expected by the Gifter.

WishIn reserves the right to investigate use of the Platform, close the User’s account or remove any Cart or User Account if a determination is made that use of the Site violates the terms or spirit of the Terms of Use.

We do not allow our Site to be used to distribute obscene materials, including posting images of nudity or explicitly sexual acts. We do not allow the offer, sale, collection or receipt of funds for the provision of illegal adult content or sexually-related services such as prostitution.

By using the Site both Wishers and Tenders acknowledge that they will not use the Site to exchange any services or goods or access to services or goods in reciprocation for funds provided by Tenders. Users acknowledge and agree that if they are using WishIn as a means to exchange gift funds for goods or services that WishIn reserves sole discretion to immediately deactivate their account.

WishIn is solely and exclusively a wishlist site where Users may post their desired wishlist items and receive funds in the form of donations toward their wish baskets. WishIn is not to be used as a medium of exchange for any products or services. WishIn reserves the right to deactivate, without prior notice, any User that is not operating within these strict guidelines.

By using this site You expressly understand and explicitly agree that You do not have any right toward or expectation of receipt of any service or product from WishIn Users in exchange for gift funds. By purchasing a gift for a WishIn User, You agree that they have made a conscious decision to gift the WishIn User with donative intent and with no expectation for anything, including product or service, in return for their donation. By using the site You agree to forfeit any and all expectation of any product or service rendered in connection with their gift funds, as that is expressly prohibited by WishIn.

Nudity and Sexual Activities

To abide by our payment provider’s policies, we do not allow nudity, pornography, or sexually explicit content (which includes but is not limited to imagery and messaging) on our platform. We recognize that not all content is inherently pornographic, such as nudity in art, but we are unable to support any such explicit content on WishIn.

We also prohibit content depicting or supporting non-consensual sexual acts and adult sexual solicitation.

While the following list provides specific examples of content that may or may not be allowed, it is not an exhaustive list. The Support Team maintains the right to review content outside of this list to determine if they are pornographic, adult, or sexually explicit in nature at any time.

**Sexual Exploitation**

Sexual exploitation is defined as any actual or attempted abuse of a position of vulnerability, power, or trust for sexual purposes, including profiting monetarily, socially, or politically from the sexual exploitation of another. We do not permit sexually exploitative content.

**Implied Nudity and Sexual Activity**

We do not allow depictions, including digitally created or manipulated content, of implied nudity or sexual activity. Implied nudity refers to content depicting nude bodies not wearing any clothing, even if explicit parts are covered (i.e., if you are wearing bottoms, but no top, this is implied nudity). Article of clothing is defined as any wearable item that is worn to cover the body.

Content covering explicit body parts with any type of article of clothing is allowed, provided that they fully cover explicit parts completely:

• Lingerie, underwear, and bikinis are accepted as articles of clothing if worn on the body and all explicit parts as defined are covered.

• Pasties are allowed as a top article of clothing as long as all explicit parts as defined are covered.

• If pasties look like explicit parts, such as nipples, or explicit parts are still visible through clothing, such as sheer garments, they would not be allowed.

• If any article of clothing does not fully cover explicit parts or appear to show explicit parts, the content would NOT be allowed.

Content that may be salacious in nature is allowed on WishIn as long as it is not explicit. This may include:

• Content depicting any article of clothing that covers human genitalia, nipples or areola on fem(me)-presenting bodies, pubic regions, or anus.

• Content depicting bare, non-explicit body parts, such as feet, neck, abdomen, hands, elbows, shoulders, face, ears, armpits, back, and buttocks.

Illegal activities and regulated goods

We work to ensure WishIn does not enable activities that violate laws or regulations. We prohibit the trade, sale, promotion, and use of certain regulated goods, as well as the depiction, promotion, or facilitation of criminal activities. Content may be removed if it relates to activities or goods that are illegal in the jurisdiction of posting.

Criminal activities

Criminal activities cover a wide spectrum of acts punishable by law, including theft, assault, human exploitation, counterfeiting, and other harmful behavior. To prevent such behavior from being normalized, imitated, or facilitated, we remove content that promotes or enables criminal activities.

Do not post or share:

• Content that depicts or promotes acts of physical harm.

• Content that depicts or promotes human exploitation, including human smuggling, bonded labor, domestic servitude, sex trafficking, or prostitution.

• Content that provides instructions on how to conduct criminal activities.

Frauds and scams

We do not permit anyone to exploit our platform to take advantage of the trust of users and bring about financial or personal harm. We remove content that deceives people in order to gain an unlawful financial or personal advantage, including schemes to defraud individuals or steal assets.

Sponsorship/Donors

By accessing the site and completing an order, You fully understand and acknowledge that WishIn does not and will not place an order for the wishlist item(s) on behalf of our User. You understand that WishIn will be sending the funds for the product directly to the User, and it is the User's sole discretion as to what they will do with those funds. You acknowledge that you are merely SPONSORING a product to be purchased from a User's wishlist, and that it is up to the User to determine what they will do with the funds you provided to them with a specific donative intent. All donations are at your own risk.

When you make a donation through the Site, it is your responsibility to understand how your money will be used. WishIn is not responsible for, nor do we condone or affirm, any offers, promises, rewards, or promotions made or offered by Users. Any offers, promises, or rewards made by Wishers in connection to gift funding are expressly prohibited by WishIn and will result in account deactivation. We do not and cannot verify all of the information that Users supply, nor do we represent or guarantee that the sponsorships/donations will be used in accordance with the purpose prescribed by a User or in accordance with applicable laws.

Payment Processing

By using the site, you acknowledge that WishIn uses a third-party payment processor. You acknowledge that to receive the funds for the items purchased off of your wishlist you must set up your bank details with our third-party payment processor. Our third party payment processor handles all transactions and is responsible for sending the funds to you upon processing completion.

We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with the Site and/or Services. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.

Pricing Policy

WishIn charges a flat 10% surcharge/fee in addition to the price of the product set by the User. This surcharge/fee is charged to cover the cost of our payment merchant and all associated admin costs. We do not offer any automated recurring billing. All orders must be manually processed.

Return, Cancellation & Refund Policy

All Users (Wishers and Tenders) understand and agree that it is our standard policy that purchases and/or fees associated with your account are final and nonrefundable at this time. We reserve the right to address any refund request at our sole discretion.

Gift purchasers must expressly click to accept that each transaction is non-refundable before placing each order. WishIn does not process any recurring or automated billing. Since WishIn does not process future automated or recurring transactions, it is not possible to cancel a transaction before it occurs. All transactions are manually and expressly placed by gift purchasers. As a gift purchaser you acknowledge that your purchase is final and non-refundable.

Disputes and Chargebacks

WishIn takes extra care to ensure that disputes are not levied against the business. In this effort, WishIn has enacted the highest level of security for credit card processing, which has made disputes rare on our platform; however, it's impossible to prevent all disputes. We are committed to working with our users (wishers) to fight wrongful disputes; however, in the case of a lost dispute, WishIn reserves the right to debit the wishlist owner some or all of the amount of the cost of the lost dispute.

Billing Errors

If you believe that you have been erroneously billed, please notify our third-party billing agent (Stripe) immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including the resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These terms shall supplement and be in addition to any terms required by third-party billing entities we engage to provide billing services. You are responsible for the review and compliance with such entity's terms in addition to those contained in this Agreement.

Thank You Note

After funding a gift, Tenders will receive a Thank You note either from the Wisher or from WishIn on behalf of the Wisher or from WishIn. A “Thank You” note is not a guarantee of receipt of the product. All thank you notes are to be treated as a message of appreciation and nothing more.

Trademarks

WishIn and its logo are trademarks of the Company. You agree not to display or use these trademarks in any manner without our prior, written permission.

Termination

We may terminate or suspend Your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your account, You may simply discontinue using the Service.

All provisions of these Terms of Use shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, but not limited to, your Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Service.

Governing Law

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

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

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

• By email: [email protected]

• By visiting this page on our website: https://www.wishin.bio