Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of the WishfulMail website and service (the "Service") operated by Taskavel LLC ("we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE SERVICE.

These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

WishfulMail is a child-friendly platform where children can write messages and create drawings to send to fictional characters (Santa Claus, Tooth Fairy, Easter Bunny, etc.). All messages are forwarded directly to the parent or guardian's email address for their review and action.

The Service is intended for use by children under 13 years of age with parental supervision and consent.

3. User Accounts and Parental Consent

3.1 Account Creation

Accounts must be created by parents or legal guardians on behalf of their children. Parents are responsible for all activity that occurs under their account.

3.2 Parental Responsibility

• Parents must supervise their child's use of the Service
• Parents are responsible for all content created by their child
• Parents must ensure their child complies with these Terms
• Parents are responsible for all payments and charges associated with the account

3.3 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. Payment Terms

4.1 Free Service Limitations

Each account includes 3 free message slots. Additional message slots may be purchased for $1.00 USD each.

4.2 Payment Processing

All payments are processed through Stripe, a third-party payment processor. By making a payment, you agree to Stripe's terms of service and privacy policy.

4.3 Pricing

• Additional message slots: $1.00 USD each
• Donations: Variable amounts as specified by the user
• All prices are subject to change with 30 days' notice

4.4 Billing

Charges are processed immediately upon purchase. You will receive an email confirmation and invoice for all transactions.

5. NO REFUNDS POLICY

5.1 Digital Goods

All purchases are for digital goods and services that are delivered immediately upon payment completion. Once delivered, these cannot be returned or refunded.

5.2 Payment Disputes

If you dispute a charge with your bank or credit card company, we reserve the right to immediately suspend or terminate your account and deny access to the Service.

5.3 Exceptional Circumstances

In extraordinary circumstances involving technical errors on our part, we may, at our sole discretion, consider providing account credits. This does not constitute a right to refunds and will be evaluated case by case.

6. Acceptable Use Policy

6.1 Prohibited Uses

You may not use the Service to:

• Create or transmit inappropriate, offensive, or harmful content
• Violate any applicable laws or regulations
• Impersonate others or provide false information
• Attempt to gain unauthorized access to our systems
• Use the Service for commercial purposes without permission
• Harass, abuse, or harm others
• Upload viruses or malicious code
• Interfere with the Service's operation
• Send unsolicited emails or spam through our reply system
• Use fake, invalid, or unauthorized email addresses for message delivery
• Send replies to email addresses without proper consent from the recipient
• Abuse the email reply feature for marketing, solicitation, or commercial purposes

6.2 Email Reply System Safeguards

To prevent abuse of our email reply system and protect email deliverability:

• Secure Reply System: All magical replies are sent exclusively to the verified account holder's email address
• Rate Limiting: Maximum of 3 magical replies per day per account
• No Third-Party Emails: Replies cannot be sent to email addresses other than the account holder's verified email
• Automatic Protection: The system automatically prevents unauthorized email usage
• Immediate Suspension: Accounts found attempting to abuse the system will be immediately suspended
• Legal Liability: Parents are fully responsible for all content and usage of their account

6.3 Content Monitoring

While we do not routinely monitor user content, we reserve the right to review messages, replies, and email addresses for compliance with these Terms and applicable laws. We may also implement automated spam and abuse detection systems.

7. Intellectual Property Rights

7.1 Our Content

The Service, including all text, graphics, images, software, and other materials, is owned by WishfulMail and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without permission.

7.2 User Content

You retain ownership of messages and drawings created using the Service. By using the Service, you grant us a non-exclusive, royalty-free license to process, store, and deliver your content as necessary to provide the Service.

7.3 Trademark Notice

WishfulMail and related logos are trademarks of Taskavel LLC. All other trademarks mentioned are the property of their respective owners.

8. Disclaimers and Limitation of Liability

8.1 Service Availability

We strive to maintain continuous service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or technical issues.

8.2 WARRANTY DISCLAIMER

8.3 LIMITATION OF LIABILITY

9. Indemnification

You agree to indemnify, defend, and hold harmless Taskavel LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, violation of these Terms, or violation of any rights of another party.

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us. Upon termination, your access to the Service will cease, and your data will be deleted according to our Privacy Policy.

10.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, for any violation of these Terms, illegal activity, or at our sole discretion.

10.3 Email Abuse Termination

Immediate termination without notice will occur for:

• Sending spam or unsolicited emails through our system
• Using unauthorized or fake email addresses
• Exceeding rate limits or attempting to circumvent safeguards
• Any activity that could damage our email reputation or deliverability

10.4 Effect of Termination

Upon termination, all rights and obligations under these Terms will cease, except those that by their nature should survive termination. No refunds will be provided for any reason upon termination.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Newark, Delaware.

11.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and Taskavel LLC individually. You waive any right to participate in class action lawsuits or class-wide arbitrations.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by email and by posting the updated Terms on our website. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

It is your responsibility to check these Terms periodically for changes.

14. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or government actions.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Taskavel LLC regarding the Service and supersede all prior and contemporaneous agreements, representations, and understandings.

16. Contact Information

If you have any questions about these Terms, please contact us: