Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and xwish.ai ("we," "us," or "our") governing your access to and use of the xwish.ai website, platform, and related services (collectively, the "Service").

By accessing or using the Service — including creating a card, viewing a card sent to you, signing a group card, or purchasing credits — you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

2. Eligibility

You must be at least 13 years old to use the Service. If you are located in the European Economic Area (EEA) or United Kingdom, you must be at least 16 years old, or have verifiable parental or guardian consent, to create an account or submit any personal data. If you are under the applicable minimum age, you must not use the Service.

By using the Service, you represent and warrant that you meet the applicable age requirement, that you have the legal capacity to enter into these Terms, and that you are not barred from receiving services under applicable law.

You may not use the Service on behalf of any entity unless you are duly authorized to bind that entity to these Terms.

3. Services Description

xwish.ai is an AI-powered greeting card platform that allows users to:

• Create personalized single or group greeting cards using AI-generated text and background imagery;
• Share cards via unique links for recipients to view, without requiring recipients to create an account;
• Collect signatures on group cards;
• Optionally deliver cards via email, including on a scheduled future date;
• Reply to received cards with a new card.

Core card creation and delivery is available without registration. An account is required to organize group cards, access the credits system, and use features such as scheduled email delivery and PDF export. Recipients of cards never need to create an account to view a card.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice where practicable.

4. Account Registration

Accounts are created via Google OAuth. By connecting your Google account, you authorize us to receive your name, email address, and profile picture from Google, which we use to create and manage your xwish.ai account.

You are responsible for maintaining the security of your account and for all activity that occurs under it. You must notify us immediately at support@xwish.ai if you suspect unauthorized access. We are not liable for any loss or damage arising from your failure to maintain account security.

You may not create accounts using automated means or create accounts on behalf of others without their explicit consent.

Anonymous use: Users who create cards without logging in are identified by an anonymous token stored in a browser cookie. Anonymous users cannot access credits, scheduled delivery, or account-bound features.

5. AI-Generated Content

The Service uses artificial intelligence models to generate greeting card text and background images based on inputs you provide (occasion, recipient name, tone, and optional personal details). AI output is generated automatically and may vary.

Your responsibilities regarding AI-generated content:

• You are responsible for reviewing AI-generated content before sharing or sending it.
• You must not input personal data about third parties beyond what is necessary to generate a greeting (e.g., do not input sensitive medical, financial, or private details).
• You must not attempt to manipulate the AI to generate harmful, illegal, or offensive content.
• You acknowledge that AI output may occasionally be unexpected or imperfect, and you accept responsibility for the content you choose to send.

We do not claim ownership over AI-generated text or images created at your direction. However, we retain a worldwide, royalty-free license to store, process, and display such content as necessary to operate the Service, and to use aggregated, anonymized data to improve our models.

We reserve the right to remove any content that we determine, in our sole discretion, violates these Terms or applicable law, including content that is defamatory, harassing, obscene, or infringes third-party rights.

6. Credits and Payments

6.1 Credits System

xwish.ai uses a credit system to unlock certain premium features. Credits have no monetary value outside the Service, are non-transferable between accounts, and cannot be exchanged for cash or any other form of consideration.

There are two types of credits:

• Purchased credits — obtained by payment; they do not expire.
• Earned credits — obtained through daily check-in (including streak bonuses) or referrals; they expire 90 days after being awarded. You will receive an in-app notification and email reminder approximately 7 days before earned credits expire.

Earned credits are consumed before purchased credits. Current credit costs for premium features are displayed in the app and may change with reasonable notice.

6.2 Purchases

Credit packages are available for purchase via Stripe (where enabled), Lemon Squeezy, Paddle, or offline bank transfer. All prices are shown in USD and are inclusive of any applicable taxes where required by law. Payment is processed at the time of purchase; credits are added to your account upon confirmed payment receipt.

Online payments are processed by our payment providers (Stripe, Lemon Squeezy, or Paddle depending on your region and the method selected). Your payment card details are entered directly into the payment provider's secure environment and are never stored on our servers. Lemon Squeezy and Paddle act as Merchant of Record and handle applicable sales tax collection on our behalf.

6.3 Taxes

You are responsible for any applicable taxes on purchases unless we are required by law to collect and remit them on your behalf. In jurisdictions where we collect taxes, the applicable tax will be displayed at checkout.

7. Refund Policy

7.1 Standard Refund Window

You may request a refund of purchased credits within 14 days of the original purchase date by contacting us at support@xwish.ai with your order reference number.

Consumers in the European Union, United Kingdom, and Australia have a statutory right to a 14-day cooling-off period for digital services. This policy meets or exceeds that requirement globally, regardless of your location.

7.2 Partial Use

If you have consumed some of your purchased credits at the time of a refund request, the refund will be prorated: we will deduct the value of consumed credits at their unit rate (total package price ÷ total credits purchased) and refund the remainder.

If all purchased credits from a given order have been consumed, no refund is available for that order.

7.3 Exclusions

The following are not eligible for refund:

• Earned credits (obtained through daily check-in or referrals);
• Credits purchased more than 14 days ago;
• Orders that have been fully consumed.

7.4 Processing

Approved refunds are processed within 10 business days to the original payment method. Processing time may vary depending on your card issuer or bank.

8. Prohibited Uses

You agree not to use the Service to:

• Harass, threaten, defame, or harm any individual or group;
• Create or distribute content that is obscene, pornographic, or sexually explicit;
• Infringe the intellectual property rights of any third party;
• Impersonate another person or entity, or misrepresent your affiliation with any person or entity;
• Send unsolicited commercial messages (spam) to card recipients;
• Attempt to gain unauthorized access to any part of the Service or its infrastructure;
• Use automated means (bots, scrapers, crawlers) to access or collect data from the Service without our prior written consent;
• Reverse engineer, decompile, or disassemble any part of the Service;
• Circumvent rate limits, abuse the credits system, or exploit bugs for unintended gain;
• Use the Service in any manner that could damage, disable, or impair the Service;
• Violate any applicable local, national, or international law or regulation.

Violation of these prohibitions may result in immediate suspension or termination of your account and, where appropriate, referral to law enforcement authorities.

9. Intellectual Property

The xwish.ai name, logo, platform design, software, and any content created by us are owned by or licensed to xwish.ai and are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from our proprietary materials without express written permission.

Your content: You retain ownership of any original content you input into the Service (e.g., personal messages, uploaded voice recordings). You grant us a limited, non-exclusive, worldwide, royalty-free license to store, process, and display your content solely as required to operate and provide the Service.

Background images: Pre-generated background images in the library are licensed for use within the Service only and may not be downloaded or used outside the platform.

"Made with xwish.ai" watermark: Cards shared or exported may display a xwish.ai attribution watermark. You agree not to remove or obscure this watermark.

10. Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described therein.

11. Third-Party Services

The Service integrates with third-party providers to deliver core functionality, including:

• Cloudflare — infrastructure, compute, storage, and AI model hosting;
• Google — authentication (OAuth 2.0);
• Stripe — payment processing (where enabled);
• Lemon Squeezy — payment processing and tax collection (Merchant of Record);
• Paddle — payment processing and tax collection (Merchant of Record);
• Resend — transactional email delivery.

Your use of these integrated services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party providers. Links to third-party websites or services are provided for convenience only; we do not endorse and assume no responsibility for their content or practices.

12. Disclaimer of Warranties

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

We do not warrant that: (a) the Service will be uninterrupted, error-free, or secure; (b) any defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) AI-generated content will be accurate, appropriate, or meet your expectations.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above disclaimers apply to the fullest extent permitted by law.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, xwish.ai AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM, OR (B) USD $10.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law, including consumer protection rights under EU Directive 2011/83/EU, Australian Consumer Law, or equivalent regional statutes.

14. Indemnification

You agree to defend, indemnify, and hold harmless xwish.ai and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) any content you submit through the Service.

15. Governing Law and Dispute Resolution

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

For users in the European Union or United Kingdom: Nothing in these Terms affects your rights as a consumer under mandatory local law. You may also bring claims before the courts of your country of residence and contact your local consumer protection authority. EU consumers may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

For users in Australia: Nothing in these Terms limits rights you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

We encourage you to contact us first at support@xwish.ai to resolve any dispute informally before pursuing formal legal action.

16. Regional Provisions

European Economic Area and United Kingdom

If you are located in the EEA or UK, you have the right to withdraw from any purchase of digital content within 14 days of purchase, subject to the proration rules in Section 7. Our processing of your personal data is subject to the General Data Protection Regulation (GDPR) as further described in our Privacy Policy.

Brazil

If you are located in Brazil, our processing of your personal data is subject to the Lei Geral de Proteção de Dados (LGPD — Law No. 13,709/2018) as further described in our Privacy Policy.

California, United States

If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) as described in our Privacy Policy. xwish.ai does not sell your personal information.

Australia

If you are located in Australia, our handling of personal information is subject to the Privacy Act 1988 (Cth) and the Australian Privacy Principles as described in our Privacy Policy.

17. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of this page and, where practicable, notify registered users via email or an in-app notice at least 14 days before the changes take effect.

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.

18. Contact

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

For privacy-specific requests (access, deletion, correction of personal data), please use the contact details in our Privacy Policy.