Terms of Service

1. Scope and provider

These Terms govern the use of Wishable, provided by Andrei Khlivniuk, Thomas-Dehler-Str. 15b, 81737 Munich, Germany (“Wishable”, “we” or “us”). By creating an account or using account-based features, you agree to these Terms. Mandatory consumer rights remain unaffected.

2. Service

Wishable lets users create and share wishlists, reserve gifts, follow lists and organize events such as Secret Santa. Wishable is not the seller of products linked from a wishlist. Purchases and related warranties are governed by the terms of the relevant retailer.

3. Accounts

You must provide accurate account information, keep access credentials secure and notify us promptly of suspected unauthorized access. You are responsible for activity performed through your account unless it was caused by circumstances outside your control.

4. User content

You retain your rights in wishlist content. You grant us a non-exclusive, worldwide and royalty-free license to host, copy, process and display that content only as necessary to operate, secure and improve the service and to make content available according to the visibility and sharing settings you select. This license ends when the content is deleted, subject to reasonable backup cycles and legal retention duties.

You must have the necessary rights to content you upload and must not publish unlawful, infringing, deceptive, hateful or malicious material, personal data of others without a lawful basis, or content that compromises the service.

5. Acceptable use

You may not:

• circumvent access controls or probe the service for abuse,
• interfere with the service or introduce malicious code,
• impersonate another person or mislead other users,
• scrape or automate access in a way that burdens the service,
• use Wishable for an unlawful purpose.

6. Privacy, cookies and optional analytics

Our processing of personal data is described in the Privacy Policy. Necessary authentication and preference technologies are used to provide the service. PostHog analytics cookies and masked session replay are optional, are not a condition of using Wishable and start only after separate consent. You can reject or withdraw that consent at any time through “Cookie settings”.

7. External links and affiliate relationships

Wishlists can contain links to third-party shops. Some links are affiliate links, including links processed through networks such as AWIN or Admitad. We may receive a commission after a qualifying purchase without increasing the price for you. We do not control third-party shops and are not responsible for their products, availability, prices, content or data-processing practices.

8. Availability and changes to the service

We aim to provide a reliable service but cannot guarantee uninterrupted availability. We may make proportionate changes for security, legal, technical or product-development reasons. If a change materially and adversely affects an ongoing paid service, we will provide any notice and remedies required by law.

9. Suspension and termination

You may stop using the service and request account deletion at any time. We may restrict or terminate access where reasonably necessary because of a material or repeated breach, security risk, unlawful use or a legal requirement. Where appropriate, we will provide notice and a reasonable opportunity to remedy the issue.

10. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and where liability cannot otherwise be limited by law. For slight negligence, we are liable only for breach of an essential contractual duty and only for the damage that was typical and foreseeable when the contract was formed. Mandatory statutory consumer rights and guarantees remain unaffected.

11. Governing law and jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice does not deprive you of mandatory protections of the country of your habitual residence. Statutory rules on jurisdiction apply, including the right of consumers to bring proceedings at their place of residence where applicable.

12. Consumer dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. The former European Online Dispute Resolution platform was discontinued on July 20, 2025.

13. Changes to these Terms

We may update these Terms for objective legal, security, technical or operational reasons. Material changes will be communicated in advance where required. We will request express agreement where a change cannot lawfully take effect without it. The version in force when you use the service will remain available on this page.

14. Contact

Questions about these Terms can be sent to [email protected]. Provider details are available in the Imprint.