Terms of Service

1. Acceptance of Terms

Welcome to WishMeLuck. By accessing or using our platform at wishmeluck.com (the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Platform.

These Terms constitute a legally binding agreement between you and WishMeLuck, Inc. ("Company," "we," "our," or "us").

2. Eligibility

You must be at least 18 years of age to use this Platform. By using the Platform, you represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter into these Terms
• You will comply with all applicable laws and regulations
• All information you provide is accurate and current

3. Account Registration

3.1 Creating an Account

To access certain features, you must create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

3.2 Account Types

The Platform offers two account types:

• Fan Accounts: For users who purchase personalized videos
• Talent Accounts: For creators who provide personalized videos

4. Platform Services

4.1 For Fans

Fans can:

• Browse talent profiles
• Request personalized video messages
• Make payments for services
• Receive and download videos
• Leave reviews for completed orders

4.2 For Talents

Talents can:

• Create and manage profiles
• Set prices for their services
• Accept or decline video requests
• Upload and deliver personalized videos
• Receive payouts (minus platform commission)

5. Talent Requirements

All talents must:

• Be at least 18 years of age and provide proof upon request
• Submit an application and await approval
• Provide accurate and complete profile information
• Comply with all content guidelines
• Deliver videos within the specified timeframe
• Maintain professional conduct

6. Payments and Pricing

6.1 Fan Payments

All payments are processed securely through Stripe. By placing an order, you authorize us to charge your payment method for the full amount, including any applicable taxes.

6.2 Platform Commission

The Platform charges a 30% commission on all transactions. Talents receive 70% of the order price as their payout.

6.3 Talent Payouts

Talents can request payouts once their available balance reaches $50. Payouts are processed within 5-7 business days. We are not responsible for delays caused by third-party payment processors.

7. Refund Policy

Cancellations: Fans may cancel orders that are still in "pending" status for a full refund. Once a talent accepts an order, cancellations are at the talent's discretion.

Refunds: If a talent fails to deliver a video within the agreed timeframe or if the video does not meet the specified requirements, fans may request a refund. All refund requests are reviewed on a case-by-case basis.

8. Content Guidelines

All content uploaded to the Platform must comply with the following guidelines:

• Legal Content: No illegal activities, including minors or non-consensual content
• Respectful: No hate speech, harassment, or discriminatory content
• Authentic: No impersonation or misleading information
• Appropriate: Adult content is permitted but must comply with all laws
• Original: No copyright infringement or unauthorized use of third-party content

We reserve the right to remove any content that violates these guidelines without notice.

9. Intellectual Property

9.1 Platform Content

All Platform content, including logos, designs, text, and software, is owned by WishMeLuck and protected by intellectual property laws.

9.2 User Content

You retain ownership of content you upload. By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display the content as necessary to provide Platform services.

9.3 Copyright Infringement

We respect intellectual property rights. If you believe your content has been infringed, please submit a DMCA notice to our designated agent. See our DMCA Policy for details.

10. Prohibited Conduct

You may not:

• Use the Platform for any illegal purpose
• Harass, abuse, or harm others
• Upload viruses or malicious code
• Attempt to access unauthorized areas
• Scrape, crawl, or copy Platform content
• Create fake accounts or impersonate others
• Manipulate reviews or ratings
• Circumvent platform fees or payment systems

11. Account Termination

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms
• Fraudulent activity
• Repeated complaints from other users
• Illegal conduct

You may delete your account at any time through your account settings. Upon termination, you forfeit any outstanding balance below the minimum payout threshold.

12. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE:

• Uninterrupted or error-free service
• Quality or accuracy of user content
• Specific results from using the Platform
• Availability of any particular talent

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISHMELUCK SHALL NOT BE LIABLE FOR:

• Indirect, incidental, or consequential damages
• Loss of profits, data, or goodwill
• Damages exceeding the amount paid to us in the past 12 months
• Actions or content of other users

14. Indemnification

You agree to indemnify and hold harmless WishMeLuck from any claims, damages, or expenses arising from:

• Your use of the Platform
• Your violation of these Terms
• Your content or conduct
• Your violation of any third-party rights

15. Dispute Resolution

Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.

You agree to waive any right to a jury trial or class action lawsuit.

16. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

17. Changes to Terms

We may update these Terms at any time. We will notify you of significant changes by posting the updated Terms with a new "Last Updated" date. Continued use of the Platform after changes constitutes acceptance.

18. Contact Information

For questions about these Terms, contact us:

• Email: legal@wishmeluck.com
• Address: WishMeLuck, Inc., [Your Address]
• Support: Contact Form