OpenWish Terms of Service

Effective date: [INSERT DATE]

Operator: [INSERT LEGAL ENTITY NAME, REGISTERED ADDRESS, AND COUNTRY]

Contact: legal@openwish.org

1. Agreement and eligibility

These Terms govern access to OpenWish. By using OpenWish, you agree to these

Terms, the Privacy Notice, Community Guidelines, and any policies expressly

incorporated here.

OpenWish is for people aged 18 or older. You must have legal capacity to enter

this agreement and must not use the service where doing so is prohibited by

applicable law. Organisations must ensure that the person acting for them has

authority to bind them.

2. What OpenWish is

OpenWish is a communication and discovery service that helps a person describe

a practical wish and connect privately with a person or organisation that may

be willing to help.

OpenWish is not a charity, fundraiser, payment processor, marketplace, escrow

agent, delivery company, employer, medical provider, housing provider,

professional adviser, insurer, background-check service, or guarantor. OpenWish

does not initially collect or distribute donations, process payments, arrange

shipping, verify the truth of every statement, or guarantee that a wish will be

fulfilled.

Users communicate and make their own independent decisions. Any arrangement,

meeting, transfer of an item, provision of a service, or other interaction is

strictly between the participating users.

3. Accounts and public identity

You must provide accurate account information, protect your credentials, and

promptly report suspected unauthorised access. OpenWish assigns a generated

public alias and avatar when an account is created. Provider-supplied names,

photos, and email addresses remain private unless you deliberately choose to

publish them. The generated alias is shown on wishes and in chat by default.

You may change an alias or avatar subject to availability, safety rules,

reserved words, impersonation controls, and reasonable change limits. OpenWish

may rename or remove an alias or avatar that violates these Terms or another

person’s rights. An alias is not property, a trademark grant, or proof of

identity, and changing it does not erase account or enforcement history.

A public “Anonymous” setting hides your public identity from other users for

the relevant activity; it does not make you anonymous to OpenWish, its service

providers, or lawful authorities.

Identity verification, when available, confirms only that a verification

provider matched a person to identity evidence. It does not mean that OpenWish

endorses, approves, guarantees, or considers that person safe or trustworthy.

4. Wishes and user content

You retain ownership of content you submit. You give OpenWish a worldwide,

non-exclusive, royalty-free licence to host, store, reproduce, format, display,

moderate, and distribute that content only as needed to operate, secure,

promote, and improve the service. Public wishes may appear in search engines,

social previews, category pages, and cached or archived copies.

You must have the rights and permissions needed to submit content. Do not

publish home addresses, account credentials, identification numbers, private

medical records, or another person’s confidential information in a public

wish. Supporting documents must use the private upload flow.

AI may suggest a clearer version, category, urgency level, or safety changes.

You must review and approve a rewritten wish before publication. AI output can

be wrong and is not legal, medical, financial, employment, or other

professional advice.

5. Prohibited conduct

You may not use OpenWish to:

• request, offer, send, or solicit money, cash equivalents, gift cards,

cryptocurrency, advance fees, investments, loans, or payment credentials;

• impose conditions on help, demand repayment, or use help to obtain labour,

sexual activity, political support, religious participation, personal data,

passwords, access codes, or another improper benefit;

• commit fraud, impersonation, exploitation, trafficking, harassment,

discrimination, stalking, coercion, threats, or violence;

• facilitate illegal goods, controlled substances, weapons, evasion of law,

intellectual-property infringement, or other unlawful conduct;

• request emergency, medical, legal, financial, immigration, or safety advice

as a substitute for an appropriately qualified professional or emergency

service;

• scrape, spam, manipulate rankings, automate accounts without permission,

bypass safeguards, reverse engineer security controls, or disrupt the

service; or

• upload malware or content that is unlawful, deceptive, abusive, sexually

exploitative, or harmful to minors.

OpenWish may block messages, restrict features, remove content, preserve

evidence, suspend or terminate accounts, and report conduct when reasonably

necessary to protect users, the service, or comply with law.

6. Safety and user responsibility

Online and offline interactions carry risk. Verify claims independently. Keep

communications on-platform until comfortable. Do not send money or credentials.

Do not meet alone in an unsafe place. For emergencies, contact the appropriate

local emergency service.

To the fullest extent permitted by law, users assume responsibility for their

interactions and release OpenWish and its affiliates from claims arising from

user-to-user conduct, except where liability cannot lawfully be excluded.

7. Moderation and private communications

OpenWish uses automated systems, including AI, to process wishes, chats,

attachments, reports, and behavioural signals for policy enforcement, fraud

prevention, and safety. Automation may make mistakes. We may provide review,

appeal, or reporting mechanisms where required or appropriate.

Private means content is not publicly displayed; it does not mean content is

immune from automated safety processing, authorised operational access,

service-provider processing, legal preservation, or disclosure required by

law. Nothing is shared with another user automatically when explicit consent is

required by the product.

8. Fulfilment status

A helper may mark an offer complete, but a wish remains pending until the

wisher confirms or OpenWish closes it under an applicable workflow. Status

labels are informational and do not prove delivery, quality, legality, safety,

or satisfaction.

9. Third-party services

OpenWish may use authentication, cloud hosting, storage, email, identity,

analytics, AI, and notification providers. Their terms may apply to their

services. OpenWish is not responsible for third-party products or external

links except to the extent required by law.

10. Service changes and availability

OpenWish may add, change, suspend, or discontinue features and may impose

reasonable limits for security, capacity, legal, or operational reasons. The

service may be unavailable, delayed, or contain errors. We do not promise

continuous availability or preservation of every item of content.

11. Disclaimers

To the maximum extent permitted by law, OpenWish is provided “as is” and “as

available.” OpenWish disclaims implied warranties of merchantability, fitness

for a particular purpose, non-infringement, accuracy, availability, and results.

OpenWish does not warrant users, wishes, messages, identity claims, supporting

documents, AI output, offers of help, or fulfilment outcomes.

Nothing in these Terms excludes rights or warranties that cannot legally be

excluded.

12. Limitation of liability

To the maximum extent permitted by law, OpenWish and its directors, personnel,

affiliates, and providers will not be liable for indirect, incidental, special,

consequential, exemplary, or punitive damages; loss of data, opportunity,

goodwill, profit, or expected benefit; or harm arising from another user,

off-platform conduct, reliance on content, or unauthorised access.

OpenWish’s aggregate liability relating to the service will not exceed the

greater of the amount the claimant paid OpenWish in the preceding 12 months or

[INSERT LOCALLY ENFORCEABLE MINIMUM/CAP]. This limitation does not apply where

prohibited by law, including liability that cannot lawfully be limited.

13. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless

OpenWish and its affiliates from third-party claims, losses, and reasonable

costs arising from your content, unlawful conduct, breach of these Terms, or

violation of another person’s rights. This clause does not apply to consumers

where prohibited and does not excuse OpenWish’s own unlawful conduct.

14. Termination

You may stop using OpenWish and request account closure. OpenWish may restrict

or terminate access for policy violations, risk, legal requirements, prolonged

inactivity, or discontinuation. Provisions that by their nature should survive

will survive, including ownership, disclaimers, liability limits, indemnity,

disputes, and lawful records retention.

15. Governing law and disputes

This section must be completed by counsel after the operating entity and launch

jurisdictions are confirmed:

• governing law: `[INSERT]`;

• courts or arbitration forum: `[INSERT]`;

• consumer complaint and statutory-rights process: `[INSERT]`;

• pre-dispute notice address and period: `[INSERT]`; and

• any class-action or jury-trial waiver only where lawful and appropriate.

Mandatory consumer protections in a user’s country remain unaffected.

16. Changes

OpenWish may update these Terms. Material changes will be communicated by

reasonable means and will state an effective date. Continued use after the

effective date constitutes acceptance where permitted; fresh consent will be

obtained where required.

17. Contact

Questions, complaints, notices, and legal requests:

[LEGAL ENTITY]

[REGISTERED ADDRESS]

legal@openwish.org