Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and THE LEGAL GAZETTE ("we", "us", or "our") governing your access to and use of wishinpixels.app (the "Platform"), including all features, functionalities, products, content, and services provided through the Platform.

Important: WishinPixels.app is a digital product, service offering, and brand that is wholly owned, operated, managed, and controlled by THE LEGAL GAZETTE. The Platform does not constitute a separate legal entity, independent company, or autonomous business unit. All contractual obligations, legal liabilities, and financial commitments arising from the Platform are borne exclusively by THE LEGAL GAZETTE.

By accessing, registering for, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy, Refund Policy, and Platform Relationship & Payment Disclosure Policy, which are incorporated herein by reference.

2. Definitions

• "Platform" means wishinpixels.app and all associated products, features, services, and content.
• "Services" means all features, functionalities, and services provided through the Platform, including microsite creation, content hosting, password protection, gift integrations, and related offerings.
• "User," "you," or "your" means any individual or entity that accesses, registers for, or uses the Platform.
• "Content" means all text, images, videos, data, and other materials uploaded to or created through the Platform.
• "User Content" means Content you create, upload, or submit through the Platform.
• "Account" means your registered user account on the Platform.

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 13 years old (or 16 in the EEA) to use the Platform. If you are under 18, you represent that you have your parent's or legal guardian's permission to use the Platform.

3.2 Account Creation

To access certain features, you must create an Account by providing accurate, complete, and current information. 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 or security breach
• Keeping your account information accurate and up-to-date

3.3 Account Suspension and Termination

We reserve the right to suspend or terminate your Account if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion. You may terminate your Account at any time through your account settings.

4. Services Description

The Platform provides the following Services:

• Microsite Creation: Tools to create personalized microsites for special occasions
• Presentation & Timeline Builder: Features to create presentations and timelines
• Password Protection: Optional password protection for shared content
• Valentine Game: Interactive games and quizzes for special occasions
• Gift Integration: Features to integrate gift options and preferences
• Content Hosting: Secure cloud storage for your content
• Sharing Capabilities: Tools to share your creations via unique URLs

Services may be offered as free features or paid subscriptions. Paid features are subject to the payment terms described in Section 6 below.

5. User Obligations and Prohibited Conduct

5.1 Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You will not:

• Violate any applicable laws, regulations, or third-party rights
• Upload or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Infringe upon intellectual property rights, privacy rights, or other proprietary rights
• Impersonate any person or entity or misrepresent your affiliation
• Engage in fraudulent, deceptive, or misleading conduct
• Transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to the Platform or other users' accounts
• Interfere with or disrupt the Platform's operation or servers
• Use automated systems (bots, scrapers) without our express permission
• Reverse engineer, decompile, or disassemble the Platform
• Remove or modify any proprietary notices or labels

5.2 Content Standards

User Content must comply with the following standards:

• Be accurate and not misleading
• Not contain hate speech, discriminatory content, or incitement to violence
• Not exploit or harm minors
• Not contain sexually explicit or pornographic material
• Not violate any applicable laws or regulations

5.3 Reporting Violations

If you become aware of any violations of these Terms, please report them to legal@wishinpixels.app.

6. Payment Terms

6.1 Payment Processing Structure

Critical Disclosure: All payments for Services are processed exclusively through THE LEGAL GAZETTE's verified Razorpay merchant account. WishinPixels.app does not operate a separate payment gateway or independent merchant account.

When you make a payment, THE LEGAL GAZETTE is identified as the merchant of record, and funds are settled directly into THE LEGAL GAZETTE's designated bank accounts. Payment confirmations, receipts, and invoices will identify THE LEGAL GAZETTE as the merchant and service provider.

6.2 Pricing and Subscriptions

• Pricing for paid Services is displayed on the Platform and may vary based on subscription plans
• All prices are in Indian Rupees (INR) or other displayed currencies
• Prices include applicable taxes (GST) as required by law
• We reserve the right to modify pricing with reasonable notice
• Subscription fees are billed in advance on a recurring basis (monthly, annually, etc.)

6.3 Payment Methods

We accept the following payment methods through Razorpay:

• Credit and debit cards (Visa, Mastercard, RuPay, etc.)
• UPI (Unified Payments Interface)
• Net Banking
• Digital wallets
• Other payment methods supported by Razorpay

6.4 Payment Authorization

By providing payment information and completing a transaction, you:

• Authorize THE LEGAL GAZETTE to charge the specified amount
• Represent that you are authorized to use the payment method
• Agree that payment information is accurate and current
• Consent to Razorpay's terms of service and privacy policy

6.5 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current rate for your subscription plan.

6.6 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of the current billing period. No refunds will be provided for partial billing periods unless required by law.

6.7 Failed Payments

If a payment fails, we may suspend or terminate your access to paid Services. We may retry failed payments or request updated payment information.

6.8 Taxes

You are responsible for all applicable taxes. GST and other applicable taxes will be added to your invoice as required by Indian law. THE LEGAL GAZETTE is responsible for collection and remittance of applicable taxes to authorities.

7. Intellectual Property Rights

7.1 Platform Ownership

All intellectual property rights in and to the Platform, including the wishinpixels.app brand name, domain names, logos, trademarks, software code, databases, algorithms, user interface designs, graphics, and documentation ("Platform IP"), are owned exclusively by THE LEGAL GAZETTE or its licensors.

Nothing in these Terms grants you any ownership rights in Platform IP. You receive only a limited, non-exclusive, non-transferable, revocable license to access and use the Platform in accordance with these Terms.

7.2 User Content Ownership

You retain ownership of your original User Content. However, by submitting User Content, you grant THE LEGAL GAZETTE a worldwide, royalty-free, non-exclusive, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display User Content to the extent necessary to:

• Provide, maintain, improve, and promote the Platform and Services
• Process, store, and transmit User Content on our servers
• Perform technical operations necessary for Service delivery
• Make User Content available to recipients you designate (microsite viewers)

7.3 License Termination

The license granted for User Content terminates when you delete the content or terminate your Account, except where retention is required for legal, regulatory, or backup purposes, or where User Content has been shared with other users.

7.4 Representations and Warranties

By submitting User Content, you represent and warrant that:

• You own or have the necessary rights to submit the content
• The content does not infringe any third-party rights
• You have obtained all necessary permissions, releases, and consents
• The content complies with these Terms and applicable laws

7.5 DMCA and Copyright Protection

We respect intellectual property rights and respond to notices of alleged copyright infringement. If you believe your copyright has been infringed, contact our Copyright Agent at legal@wishinpixels.app.

8. Disclaimers and Warranties

8.1 "AS IS" and "AS AVAILABLE" Basis

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

8.2 No Guarantees

We do not warrant that:

• The Platform will be uninterrupted, timely, secure, or error-free
• Results obtained from use will be accurate or reliable
• The quality of Services will meet your expectations
• All errors or defects will be corrected
• The Platform is free from viruses or harmful components

8.3 Third-Party Services

The Platform may integrate with third-party services (including Razorpay). We are not responsible for the availability, accuracy, or reliability of third-party services.

9. Limitation of Liability

9.1 Maximum Aggregate Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LEGAL GAZETTE'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PLATFORM OR SERVICES SHALL NOT EXCEED THE GREATER OF:

• The total amount you paid to THE LEGAL GAZETTE in the twelve (12) months immediately preceding the event giving rise to liability; OR
• One hundred United States Dollars (USD $100) or the equivalent in Indian Rupees.

9.2 Exclusion of Consequential Damages

THE LEGAL GAZETTE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data, goodwill, or reputation
• Service interruptions or system failures
• Cost of substitute services
• Any other indirect or consequential losses

This limitation applies even if THE LEGAL GAZETTE has been advised of the possibility of such damages.

9.3 Jurisdictional Limitations

Some jurisdictions do not allow limitation of certain warranties or damages. In such jurisdictions, some of the above limitations may not apply, and you may have additional rights.

10. Indemnification

You agree to indemnify, defend, and hold harmless THE LEGAL GAZETTE, its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to:

• Your violation of these Terms or any applicable laws
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your use or misuse of the Platform or Services
• Your User Content
• Unauthorized access to or use of your Account
• Your breach of payment obligations or fraudulent payment activity

THE LEGAL GAZETTE reserves the right to assume exclusive defense and control of any matter subject to indemnification, and you shall cooperate fully in such defense.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating formal proceedings, please contact us at legal@wishinpixels.app to attempt resolution through good-faith negotiation.

11.2 Mediation

If negotiation fails, parties agree to attempt resolution through mediation by a mutually agreed mediator before pursuing legal remedies.

11.3 Governing Law

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

11.4 Jurisdiction and Venue

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in the applicable jurisdiction as specified by THE LEGAL GAZETTE.

11.5 Arbitration

Where applicable and mutually agreed, disputes may be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English by a sole arbitrator.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through email, in-app notifications, or prominent website notices. The updated Terms will display a new "Last Updated" date.

Your continued use of the Platform after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Platform.

13. Platform Availability and Changes

We reserve the right to:

• Modify, suspend, or discontinue the Platform or any Services at any time with or without notice
• Change features, functionalities, or content
• Impose limits on certain features or restrict access
• Perform maintenance and updates

We will not be liable for any modifications, suspensions, or discontinuations of the Platform or Services.

14. Compliance with Laws

THE LEGAL GAZETTE operates the Platform in compliance with:

• Information Technology Act, 2000 (India) and related rules
• Consumer Protection Act, 2019 and E-Commerce Rules, 2020
• Payment and Settlement Systems Act, 2007
• Goods and Services Tax (GST) Act, 2017
• Reserve Bank of India (RBI) payment regulations
• GDPR (for EEA users)
• Other applicable regional and international laws

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and Platform Relationship & Payment Disclosure Policy, constitute the entire agreement between you and THE LEGAL GAZETTE.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

15.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to any affiliate or successor in interest.

15.5 Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, labor disputes, or governmental actions.

16. Grievance Redressal

In accordance with Indian law, we have appointed a Grievance Officer:

17. Contact Information

18. Acknowledgment

BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.