Terms of Use

These Terms of Use (the "Terms") govern your access to and use of the Do Not Wish website, mobile experiences, applications, and related services that link to these Terms (collectively, the "Platform"). The Platform is operated by Do Not Wish LLC, a limited liability company headquartered in New York, New York, United States ("Do Not Wish," "we," "us," or "our"). The Platform is made available to users worldwide where permitted by applicable law.

By accessing or using the Platform, creating an account, or otherwise using our services, you agree to these Terms. If you do not agree, do not use the Platform. If you use the Platform on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.

The Platform may not be available in all countries or regions. Access to certain products, services, features, or marketplace transactions may vary depending on your location, applicable law, Partner participation, payment availability, and operational considerations. Some features, including marketplace transactions, may not be available until the public launch of the Do Not Wish marketplace. Provisions of these Terms relating specifically to those products, services, features, or transactions apply only when they become available to you.

Certain features or transactions may be governed by additional terms, including our Terms of Sale, Returns Policy, Privacy Policy, Partner terms, promotional terms, and any terms shown at checkout. Those terms form part of your agreement with us where applicable. If they conflict with these Terms, the more specific terms control for the relevant feature or transaction.

Do Not Wish operates a curated marketplace through which independent brands, retailers, creators, resellers, circular-economy organizations, and other approved businesses (each, a "Partner") may offer products, services, or other opportunities to users.

Unless a listing or the applicable transaction terms expressly state otherwise:

• the applicable Partner is the seller of record and is responsible for the accuracy of its listing, the legality and authenticity of its products, fulfillment, and compliance with applicable law. Partner information is provided in connection with the transaction at the legally appropriate point;
• Do Not Wish provides the marketplace technology and may facilitate discovery, communications, checkout, payment processing, customer support, returns, or other transaction services on behalf of Partners; and
• Do Not Wish does not take title to Partner inventory merely by displaying it on the Platform or facilitating a transaction.

The specific allocation of responsibility for payment, shipping, taxes, authentication, returns, refunds, and customer support will be disclosed in the applicable listing, at checkout, or in the Terms of Sale and Returns Policy. Nothing in these Terms limits rights you may have under mandatory consumer law.

You must be at least 18 years old, or the age of legal majority where you live, and legally capable of entering into a binding agreement to create an account or make a purchase. If local law allows a younger person to use the Platform with a parent or guardian, that adult is responsible for the use.

You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your credentials and for activity under your account. Notify us promptly at support@donotwish.com if you suspect unauthorized access. You may not sell, transfer, share, or permit others to misuse your account.

We may reject an account application, require verification, limit features, suspend or terminate access, or cancel associated activity when reasonably necessary to protect users, Partners, Do Not Wish, or the integrity of the Platform; comply with law; investigate suspected fraud or misuse; or enforce these Terms. Where practicable and legally permitted, we will provide notice.

Product descriptions, images, availability, condition information, pricing, delivery estimates, and other listing content are supplied by Do Not Wish and/or the applicable Partner. We aim to present information accurately, but colors and other details may vary by device, and obvious typographical or technical errors may be corrected.

Placing an order is an offer to purchase. An order is accepted only as described in the applicable Terms of Sale or order confirmation. We or the applicable Partner may reject or cancel an order for legitimate reasons, including unavailability, suspected fraud, pricing or listing error, legal restriction, payment failure, or inability to deliver. If payment has been taken for a canceled order, the amount will be refunded in accordance with the applicable policy and law.

Payments may be processed by third-party payment providers. You authorize the collection and transmission of transaction information as needed to process your order, prevent fraud, handle refunds, and meet legal obligations. Taxes, duties, delivery fees, and other charges will be disclosed where required and may depend on destination and applicable law.

Return eligibility, time limits, condition requirements, costs, refund timing, and any exclusions are governed by the Returns Policy and the transaction-specific information presented before purchase. A Partner-specific policy may apply where clearly disclosed, subject always to mandatory consumer rights.

If an item is missing, damaged, materially different from its listing, suspected to be counterfeit, unsafe, or otherwise nonconforming, contact support@donotwish.com promptly and preserve the item, packaging, photographs, and order records. We may coordinate with the Partner, carrier, payment provider, authenticator, insurer, or other service provider to investigate and resolve the issue.

You may use the Platform only for lawful, personal, and non-commercial purposes unless we agree otherwise in writing. You must not:

• violate law, another person's rights, or these Terms;
• engage in fraud, deception, abusive conduct, harassment, impersonation, manipulation, or attempts to evade Platform fees or safeguards;
• upload malware, probe vulnerabilities, interfere with security or operation, or access non-public systems or data without authorization;
• use bots, scrapers, crawlers, automated means, or extraction techniques to access, copy, monitor, train on, or exploit the Platform or its content, except as expressly permitted by us in writing or required by law;
• reverse engineer, decompile, circumvent, frame, mirror, or create derivative services from the Platform except to the limited extent such restriction is prohibited by law;
• collect, use, or disclose another person's information without a lawful basis and appropriate authorization; or
• use the Platform to advertise, solicit, resell, or conduct commercial activity not authorized by Do Not Wish.

The Platform and its software, design, selection, arrangement, text, graphics, photographs, video, audio, data, logos, and other content are owned by or licensed to Do Not Wish, its Partners, or other rights holders and are protected by intellectual-property and other laws. Partner names, marks, product imagery, and descriptions remain the property of their respective owners.

Subject to these Terms, Do Not Wish grants you a limited, personal, revocable, non-exclusive, non-transferable license to access and use the Platform for its intended purposes. This license does not permit reproduction, distribution, public display, modification, sale, commercial exploitation, data mining, or creation of derivative works except with prior written permission or as otherwise permitted by law.

"Do Not Wish," our logos, domain names, and related brand elements are trademarks or other identifiers of Do Not Wish to the extent protected by applicable law. Nothing in these Terms grants you a right to use them. No statement in these Terms represents that any particular mark is registered unless it is in fact registered.

If you submit reviews, photographs, comments, profile information, messages, or other material to the Platform ("User Content"), you retain any ownership rights you have. You grant Do Not Wish a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, adapt for technical or formatting purposes, display, distribute, and otherwise use that User Content as reasonably necessary to operate, improve, secure, and promote the Platform and the relevant listing or experience, subject to our Privacy Policy and applicable law.

You represent that you have the rights needed to submit User Content and that it is accurate, lawful, and does not infringe or violate another person's rights. We may moderate, remove, restrict, or preserve User Content where reasonably necessary to enforce these Terms, protect users or rights holders, comply with law, or maintain Platform integrity. We do not undertake to monitor all User Content.

If you provide ideas or feedback, we may use them without restriction or compensation, provided we do not identify you publicly without permission unless otherwise allowed by law.

If you believe material on the Platform infringes your copyright, send a written notice to our designated copyright agent containing:

• your physical or electronic signature;
• identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are involved;
• identification and location of the allegedly infringing material, with information reasonably sufficient for us to find it;
• your name, mailing address, telephone number, and email address;
• a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement, under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act for the owner.

Copyright Agent
Do Not Wish LLC

Mailing address:
244 Madison Avenue, 1113
New York, NY 10016, USA

Email: copyright@donotwish.com

The Platform may link to or interoperate with third-party websites and services, including Partners, payment processors, delivery providers, authentication services, social networks, analytics providers, and embedded tools. Their services are governed by their own terms and privacy practices. Do Not Wish does not control and is not responsible for third-party services, except to the extent responsibility cannot be excluded under applicable law. A link does not necessarily imply endorsement.

Our Privacy Policy explains how we collect, use, disclose, and protect personal information. By using the Platform, you acknowledge the practices described there. Marketing communications are subject to your choices and applicable law. Transactional or service communications may be necessary to administer your account, orders, safety notices, or these Terms.

We may modify, suspend, or discontinue all or part of the Platform, and may update content or features, for business, operational, security, or legal reasons. We do not guarantee that the Platform or any feature, Partner, product, or content will always be available. We will provide notice when required by law and will not use this section to avoid obligations arising from an accepted order.

To the maximum extent permitted by law, the Platform and its informational content are provided "as is" and "as available." Do Not Wish disclaims warranties not expressly stated in these Terms or applicable transaction terms, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Platform will be uninterrupted, secure, error-free, or free of harmful components, or that all Partner or third-party content will be accurate or complete.

Products and services offered by Partners may be subject to warranties, representations, and obligations of the applicable Partner or manufacturer. Nothing in these Terms excludes or limits warranties, remedies, or other rights that cannot lawfully be excluded, including mandatory consumer protections.

To the maximum extent permitted by law, Do Not Wish and its affiliates, officers, directors, employees, and agents will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for loss of profits, revenue, opportunity, goodwill, data, or business interruption, arising out of or relating to the Platform, even if advised that such loss may occur.

To the maximum extent permitted by law, Do Not Wish's aggregate liability arising out of or relating to the Platform and these Terms will not exceed the greater of (a) the amount you paid directly to Do Not Wish for the relevant Platform service during the 12 months before the event giving rise to the claim or (b) US$100. Liability relating to a product purchase remains subject to the applicable Terms of Sale and mandatory law.

The exclusions and limits above do not apply to liability that cannot lawfully be excluded or limited, including, where applicable, liability for fraud, fraudulent misrepresentation, willful misconduct, or death or personal injury caused by negligence. Some jurisdictions do not permit certain exclusions or limitations, so portions of this section may not apply to you.

To the extent permitted by applicable law, you will defend, indemnify, and hold harmless Do Not Wish and its affiliates, officers, directors, employees, and agents from third-party claims, losses, liabilities, damages, judgments, costs, and reasonable legal fees arising from your unlawful misuse of the Platform, your User Content, or your material breach of these Terms. This section does not require a consumer to indemnify Do Not Wish for Do Not Wish's own negligence, misconduct, or breach, and does not limit non-waivable rights.

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles. Subject to mandatory law, the state and federal courts located in New York County, New York will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Platform, and each party consents to their personal jurisdiction.

If you are a consumer, this section does not deprive you of protections that apply under the mandatory laws of your place of residence or any right to bring proceedings in another forum that cannot lawfully be waived. Before filing a claim, you and Do Not Wish agree to attempt in good faith to resolve the dispute informally by providing written notice and allowing 30 days for a response, unless urgent relief is reasonably required or law provides otherwise.

We may update these Terms from time to time. We will post the revised Terms and update the "Last updated" date. If a change materially affects your rights or obligations, we will provide additional notice where required and specify when it takes effect. Changes will not retroactively alter an accepted order unless permitted by the applicable transaction terms and law. Your continued use after the effective date of revised Terms constitutes acceptance to the extent permitted by law.

You may stop using the Platform at any time and may request account closure through Account Settings or by contacting support@donotwish.com. We may suspend or terminate your access as described in Section 3. Provisions that by their nature should survive termination will survive, including provisions concerning ownership, User Content licenses already relied upon, disclaimers, liability, indemnification, disputes, and general terms.

Entire agreement

These Terms and the policies and transaction terms incorporated by reference form the agreement between you and Do Not Wish concerning the Platform, except for any separate written agreement that expressly controls.

Severability

If a provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective.

No waiver

A failure to enforce a provision is not a waiver. Any waiver must be in writing and applies only to the circumstances stated.

Assignment

You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law, provided that your mandatory rights are not reduced.

Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations and rights that cannot be limited by law.

No third-party beneficiaries

Except where these Terms expressly state otherwise, they do not create rights for anyone other than you and Do Not Wish.

Electronic communications

You agree that notices and records may be provided electronically, subject to applicable law.

Questions about these Terms or the Platform may be sent to:

Do Not Wish LLC
New York, New York, USA
support@donotwish.com