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Terms of Service for Wish O'Clock

Last Updated: November 22, 2025 Effective Date: October 26, 2025

Agreement to Terms

By downloading, installing, or using the Wish O'Clock mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms"). Wish O'Clock is developed and maintained by Nikhil Narayana Swamy ("Developer," "we," "our," or "us"). If you do not agree to these Terms, do not use the App.

1. Description of Service

1.1 What Wish O'Clock Provides

Wish O'Clock is a mobile application that helps you:

• Track and remember important dates (birthdays, anniversaries, special occasions)
• Receive timely reminders for upcoming events
• Manage events across different timezones
• Import birthdays and events from your device's contacts and calendar
• Organize celebrations by relationship and event type

1.2 Free Service

Wish O'Clock is currently provided free of charge with no in-app purchases or subscription fees.

2. License and Usage Rights

2.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on your iOS device(s)
• Use the App for personal, non-commercial purposes

2.2 Restrictions

You may NOT:

• Modify, adapt, or hack the App
• Reverse engineer, decompile, or disassemble the App
• Remove or alter any copyright, trademark, or proprietary notices
• Use the App for any illegal or unauthorized purpose
• Sell, rent, lease, or sublicense access to the App
• Create derivative works based on the App
• Use the App to violate any applicable laws or regulations
• Attempt to gain unauthorized access to the App's systems or networks

2.3 Ownership

The App and all intellectual property rights therein are owned by us or our licensors. These Terms do not grant you any ownership rights in the App.

3. User Responsibilities

3.1 Accurate Information

You are responsible for:

• Ensuring the accuracy of event information you enter
• Maintaining the security of your device
• Properly configuring notification and timezone settings
• Complying with all applicable laws when using the App

3.2 Device Requirements

You must:

• Have a compatible iOS device (iOS 17.0 or later)
• Maintain an active internet connection for initial download
• Ensure your device has sufficient storage space
• Keep your iOS version updated for optimal performance

3.3 Prohibited Uses

You must NOT use the App to:

• Store illegal, harmful, or offensive content
• Violate any third party's privacy or intellectual property rights
• Harass, abuse, or harm others
• Distribute malware or harmful code
• Interfere with the App's operation or other users' access

4. Privacy and Data

4.1 Privacy Policy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we handle your information.

4.2 Data Responsibility

You acknowledge and agree that:

• All data is stored locally on your device
• You are responsible for backing up your device data
• We are not responsible for data loss due to device failure, uninstallation, or other causes
• You should maintain regular device backups through iCloud or iTunes

5. Permissions and Access

5.1 Required Permissions

The App may request access to:

• Notifications: To send you event reminders
• Contacts: To import birthdays (optional)
• Calendar: To import recurring events (optional)

5.2 Permission Management

You may grant or revoke permissions at any time through your device settings. Revoking permissions may limit App functionality but will not affect your existing data.

6. Disclaimers and Limitations of Liability

6.1 "AS IS" Provision

THE APP 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
• Non-infringement
• Accuracy, reliability, or availability
• Freedom from errors or defects

6.2 No Guarantee of Accuracy

While we strive for accuracy, we do not guarantee that:

• Event reminders will be delivered at the exact scheduled time
• Timezone calculations will always be 100% accurate
• The App will function without interruption or error
• All bugs or defects will be corrected

6.3 User Verification Responsibility

You are responsible for:

• Verifying the accuracy of imported event data
• Confirming reminder times and dates
• Manually checking important dates
• Not relying solely on the App for critical reminders

6.4 Limitation of Liability

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

Direct Damages:

• Missed events or celebrations
• Incorrect notification times
• Data loss or corruption
• Device malfunction

Indirect Damages:

• Lost profits or business opportunities
• Emotional distress or embarrassment
• Consequential, incidental, or punitive damages
• Damages resulting from use or inability to use the App

Maximum Liability: In any event, our total liability to you shall not exceed the amount you paid for the App (currently $0).

6.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

7. Third-Party Services and Content

7.1 Apple iOS Integration

The App integrates with Apple iOS system services (notifications, contacts, calendar). Your use of these services is governed by Apple's terms and policies, which are separate from these Terms.

7.2 No Third-Party Liability

We are not responsible for:

• Apple App Store availability or policies
• iOS operating system changes or updates
• Third-party device manufacturers
• Network or internet service providers

8. Modifications to the App and Terms

8.1 App Updates

We reserve the right to:

• Modify, update, or discontinue the App at any time
• Add, remove, or change features
• Fix bugs and improve performance
• Update for compatibility with new iOS versions

We will make reasonable efforts to notify you of material changes through the App Store update notes.

8.2 Terms Updates

We may modify these Terms at any time by:

• Posting updated Terms in the App settings
• Updating the "Last Updated" date
• Notifying you through in-app messages (for material changes)

Your continued use of the App after changes constitutes acceptance of the updated Terms.

8.3 App Discontinuation

We reserve the right to discontinue the App at any time with or without notice. We will make reasonable efforts to provide advance notice, but are not obligated to do so.

9. Subscription and Payment Terms

9.1 Current Pricing

Wish O'Clock is currently free to download and use with no in-app purchases or subscription fees.

9.2 Future Pricing (If Applicable)

If we introduce paid features, subscriptions, or in-app purchases in the future:

• Existing users will be notified in advance
• Updated Terms will clearly outline pricing and payment terms
• You will have the option to accept or decline paid features
• Basic functionality may remain free (subject to change)

9.3 No Refund Obligation

For any future paid features:

• All sales are final unless required by law
• Refunds will be handled according to Apple App Store policies
• We are not responsible for unauthorized purchases

10. Intellectual Property

10.1 Our Rights

All content, features, and functionality of the App, including but not limited to:

• Text, graphics, logos, icons, and images
• Software code and algorithms
• Design, layout, and user interface
• Trademarks and service marks

are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.

10.2 User Content

You retain all rights to the data you enter into the App (event names, dates, notes, etc.). By using the App, you grant us a limited license to store and process this data on your device solely for the purpose of providing App functionality.

10.3 Feedback

If you provide feedback, suggestions, or ideas about the App, you grant us a perpetual, worldwide, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution.

11. Termination

11.1 Your Right to Terminate

You may terminate your use of the App at any time by:

• Uninstalling the App from your device
• Ceasing all use of the App

11.2 Our Right to Terminate

We may terminate or suspend your access to the App immediately, without notice, if:

• You breach these Terms
• We discontinue the App
• Required by law or legal process
• Your use poses a security or legal risk

11.3 Effect of Termination

Upon termination:

• Your license to use the App immediately ends
• You must cease all use of the App
• All local data will be deleted upon uninstallation
• Provisions that should survive (disclaimers, limitations, etc.) remain in effect

12. Dispute Resolution

12.1 Informal Resolution

Before filing a legal claim, you agree to contact us at nikhilnarayanaswamy@gmail.com to attempt to resolve the dispute informally. We will try to resolve disputes in good faith within 30 days.

12.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to conflict of law principles.

12.3 Arbitration (Optional - Specify if applicable)

[If you choose to include arbitration clauses, specify here. Otherwise, remove this section.]

12.4 Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12.5 Jurisdiction and Venue

Any legal action arising from these Terms shall be brought exclusively in the courts of [Your Jurisdiction], and you consent to the personal jurisdiction of such courts.

13. Indemnification

You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of applicable laws or regulations

14. Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including:

• Natural disasters
• War, terrorism, or civil unrest
• Government actions or restrictions
• Internet or telecommunications failures
• Acts of God

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior or contemporaneous communications and proposals.

17. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us.

18. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

19. Contact Information

For questions, concerns, or notices regarding these Terms:

Email: nikhilnarayanaswamy@gmail.com Response Time: We aim to respond within 48 hours

For specific inquiries about:

• Privacy concerns: See our Privacy Policy

20. Special Provisions for Different Jurisdictions

20.1 European Union Users

If you are located in the EU, you may have additional rights under EU consumer protection laws. Nothing in these Terms affects your statutory rights as a consumer.

20.2 California Users

California Civil Code Section 1789.3 requires us to inform California residents that they may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

20.3 Other Jurisdictions

Users in other jurisdictions may have rights under local consumer protection laws that cannot be waived by these Terms.

21. Acknowledgment

BY USING WISH O'CLOCK, YOU ACKNOWLEDGE THAT:

• You have read and understood these Terms
• You agree to be bound by these Terms
• You are at least 13 years of age (or the age of majority in your jurisdiction)
• You have the authority to enter into these Terms

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Version: 1.0
Effective Date: October 26, 2025
Last Reviewed: November 22, 2025

Developer: Nikhil Narayana Swamy
App: Wish O'Clock

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Quick Reference Summary

What you CAN do:

• Use the App for personal event tracking
• Import contacts and calendar events
• Receive notifications for reminders
• Manage your own event data

What you CANNOT do:

• Modify or reverse engineer the App
• Use for commercial purposes without permission
• Store illegal or harmful content
• Violate others' privacy or rights

Our commitments:

• Provide the App "as is"
• Maintain your privacy (local storage only)
• Make reasonable efforts to fix bugs
• Notify you of material changes

Your responsibilities:

• Verify event accuracy
• Back up your device data
• Use the App legally and responsibly
• Keep your device and iOS updated

Liability:

• We are not liable for missed events
• Maximum liability is $0 (free app)
• You use the App at your own risk
• Always verify critical dates independently

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For the complete Privacy Policy, please see PRIVACY_POLICY.md.