1. Legal Entity

Wisherly is a trade name operated by:

Sanjee Gopinath Pavan Kumar (also referred to as "SG Pavan Kumar"), Proprietor
Trading as: Wisherly - Supar Digital Moments
GSTIN: 29EOHPP1493F1ZJ
Registered address: 2nd Floor #35, 2nd Main 2nd Cross 2nd Stage, Pipe Line Road Vijayanagar, Bengaluru, Karnataka 560040, India
Email: reachpavan02@gmail.com

References in these Terms to "Wisherly," "we," "us," or "our" mean the above-named proprietor. References to "you" or "your" mean the user of the Platform.

2. Agreement to Terms

By accessing or using Wisherly ("Platform") at wisherly.co, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Platform. These Terms constitute a legally binding agreement between you and Wisherly.

Wisherly is a digital gifting platform that allows users to create personalised surprise pages for occasions such as birthdays, anniversaries, apologies, farewells, graduations, friendship, thank-yous, and love notes.

3. Eligibility

3.1 Age Requirements

• You must be at least 13 years old to use Wisherly.
• If you are under 18, you must have the verifiable consent of a parent or legal guardian who agrees to these Terms on your behalf and takes responsibility for your use of the Platform.
• By using the Platform, you represent and warrant that you meet these age requirements, or that a parent/guardian has consented on your behalf.
• We reserve the right to request proof of parental consent at any time, and to suspend accounts where such consent cannot be verified.

3.2 Account Requirements

• You must provide accurate and complete information when registering.
• You are responsible for maintaining the confidentiality of your account credentials.
• You must notify us immediately at reachpavan02@gmail.com if you suspect unauthorised access.

4. User Accounts

To access certain features, you must create an account. You agree to provide accurate, current, and complete information; keep your information updated; keep your password secure; and not share your account with others.

We reserve the right to suspend or terminate your account at any time if you violate these Terms. You may delete your account at any time from your account settings.

5. Permitted Use

You may use Wisherly to create personalised digital pages for occasions and gifting, upload content (photos, text, music, video) for inclusion in your pages, share pages with intended recipients, and access features available within your plan.

6. Prohibited Conduct

6.1 Illegal or Harmful Content

• Upload, share or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, or obscene.
• Upload content that infringes any third-party intellectual property rights.
• Distribute malware, viruses, or any disruptive code.

6.2 Privacy Violations

• Upload personal information of others without their consent.
• Create pages that harass, stalk, or maliciously target individuals.
• Collect or harvest other users' personal information.

6.3 Platform Misuse

• Attempt to reverse engineer or extract source code.
• Use automated bots or scrapers to access the Platform.
• Impersonate any person or entity.
• Create multiple accounts to evade suspension.

7. Content Ownership and Licence

7.1 Your Content

You retain ownership of all content you upload ("User Content"). By uploading content, you grant Wisherly a non-exclusive, worldwide, royalty-free licence to store, display, and deliver your content as part of the Platform, and to create technical copies for backup purposes. This licence ends when you delete the content or close your account, subject to our data retention obligations (see Section 15).

7.2 Content Responsibility

You are solely responsible for your User Content. You confirm that you own or have the right to use all content you upload, and that it complies with these Terms and applicable law.

7.3 Our Content

All Platform content that is not User Content — including design, code, branding, trademarks, visual elements, and text — belongs to Wisherly or its licensors ("Our Content"). You may not copy, reproduce, or distribute Our Content without written permission. Nothing in this clause affects your ownership of User Content.

8. Intellectual Property

"Wisherly"™, the Wisherly logo, and all associated marks are trademarks of SG Pavan Kumar (trading as Wisherly - Supar Digital Moments) used in commerce. Nothing in these Terms grants you any right to use our trademarks, trade names, or branding without prior written consent.

9. Payments and Pricing

9.1 Pricing

Certain features require payment. All prices are displayed in Indian Rupees (INR) and are inclusive of 18% GST. Your GST invoice will clearly show the base amount and GST breakdown (CGST + SGST for Karnataka customers; IGST for customers in other states), issued in compliance with the Central Goods and Services Tax Act, 2017.

9.2 Payment Processing

Payments are processed by Razorpay Software Private Limited, a payment gateway licensed by the Reserve Bank of India. Your card and financial details are handled directly by Razorpay in compliance with PCI-DSS standards. Wisherly does not store your payment card information.

9.3 Invoice Issuance

A GST-compliant tax invoice will be issued for every successful payment and will be available from your dashboard and via email.

10. Refunds and Cancellation

10.1 Refund Window

Refund requests must be submitted within 48 hours of purchase AND before the recipient has viewed the page. Once a page has been opened/viewed by its recipient, the service has been rendered in full and is not eligible for refund.

10.2 Eligible Refund Scenarios

• Technical failure on our part that prevented page delivery.
• Duplicate charges for the same order.
• Payment processed but page not generated.

10.3 Ineligible Refund Scenarios

• Change of mind after purchase.
• Page already viewed by recipient.
• Dissatisfaction with the content you yourself uploaded.
• Requests submitted more than 48 hours after purchase.

10.4 Refund Process

To request a refund, email reachpavan02@gmail.com with your order ID and reason. Approved refunds are processed back to your original payment method via Razorpay within 5-7 business days. A credit note will be issued for GST-compliant record-keeping.

For the full policy, see our Refund & Cancellation Policy.

11. Third-Party Services

Wisherly integrates with the following third-party services:

• Google Firebase — authentication, database, storage, hosting.
• Razorpay Software Private Limited — payment processing.
• Vercel — frontend hosting and delivery.

Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the conduct of third-party services.

12. Disclaimers

We aim to provide a reliable service but do not guarantee 100% availability. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISHERLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO WISHERLY IN THE 3 MONTHS PRECEDING THE CLAIM, OR INR 1,000, WHICHEVER IS GREATER.

14. Indemnification

You agree to indemnify and hold harmless SG Pavan Kumar (trading as Wisherly - Supar Digital Moments) and any employees, contractors, or agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Platform, your User Content, or your violation of these Terms.

15. Data Retention

We retain your personal data and User Content as follows:

16. Governing Law and Jurisdiction

These Terms are governed by the laws of India, and specifically by the laws of the State of Karnataka. Subject to the arbitration clause below, the courts of Bengaluru, Karnataka, India shall have exclusive jurisdiction.

17. Dispute Resolution and Arbitration

Any dispute, controversy or claim arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days of written notice, the parties agree to binding arbitration under the Arbitration and Conciliation Act, 1996.

• Seat of arbitration: Bengaluru, Karnataka, India.
• Language: English.
• Arbitrator: A sole arbitrator appointed by mutual consent of the parties, failing which the arbitrator shall be appointed in accordance with the Arbitration and Conciliation Act, 1996.

Nothing in this clause shall prevent either party from seeking urgent interim or injunctive relief from a competent court.

18. Grievance Redressal

In accordance with the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the contact details of the Grievance Officer are:

We will acknowledge grievances within 48 hours of receipt and resolve them within 30 days, subject to the complexity of the issue.

19. Changes to Terms

We reserve the right to update these Terms at any time. We will notify you of material changes via email or a prominent notice on the Platform at least 7 days before the changes take effect. Continued use after changes are posted constitutes acceptance.

20. Contact

Wisherly - Supar Digital Moments (Proprietor: SG Pavan Kumar)
2nd Floor #35, 2nd Main 2nd Cross 2nd Stage, Pipe Line Road Vijayanagar
Bengaluru, Karnataka 560040, India
Email: reachpavan02@gmail.com
GSTIN: 29EOHPP1493F1ZJ

These Terms of Service are prepared in accordance with the Indian Contract Act, 1872; the Information Technology Act, 2000; the Consumer Protection Act, 2019; the Central Goods and Services Tax Act, 2017; the Digital Personal Data Protection Act, 2023; the Arbitration and Conciliation Act, 1996; and applicable rules framed thereunder.