Terms of Service & User Agreement
Effective Date: June 2025
Welcome to Pingwish ("Service"). Pingwish lets you create wishlists, save gift ideas, and share them via private or public links, all without needing to create an account. These Terms of Service ("Terms") are a legal agreement between you and Daria Aparina, Loony Rocket e.U., the owner and operator of pingwish.com ("we", "us", "our").
By accessing or using pingwish.com ("Site"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use our Service.
1. No Account Required
You may use Pingwish without registering for an account. Wishlists are created and shared via unique links. Keep your wishlist links safe — anyone with the link can view the wishlist.
2. Local Storage of Wishlists
Links to wishlists you create are stored locally in your browser's local storage to help you find and access your wishlists later, for example if you lose the direct link.
Important: If you use Pingwish on a public or shared device, your wishlists may be visible to anyone using the same browser. To remove them, clear your browser's website data and cookies for pingwish.com.
3. Acceptable Use
You agree not to use the Site to:
- Violate any applicable law or regulation
- Infringe or violate intellectual property rights or privacy rights of others
- Harass, abuse, or harm another person
- Upload or share unlawful, misleading, or inappropriate content
- Use the Site to send spam or unsolicited messages
- Attempt to hack, disrupt or interfere with the Site's operation or security
4. User Content and Third-Party Intellectual Property
User-Generated Content
You are solely responsible for any content you enter in your wishlists, including product names, descriptions, personal notes, and comments. You agree not to include:
- Sensitive personal information (social security numbers, financial information, etc.)
- Illegal, harmful, or offensive content
- Content that infringes on others' intellectual property rights
- Misleading or fraudulent information
Third-Party Content and Intellectual Property
Product Information: Pingwish facilitates linking to products from external websites. All product images, descriptions, trademarks, and other content displayed from third-party sources remain the property of their respective owners.
No Copyright Infringement: We do not claim ownership of any third-party product information, images, or descriptions. We display this content for informational purposes only to help users identify and link to products. All intellectual property rights remain with the original owners.
Copyright Compliance: If you believe any content on our site infringes your intellectual property rights, please contact us at support@pingwish.com with details of the alleged infringement.
AI-Generated Suggestions Disclaimer
No Warranty on AI Suggestions: Pingwish may provide AI-generated gift suggestions and recommendations. These suggestions are provided "as is" for informational and entertainment purposes only. We make no warranties about the accuracy, suitability, or appropriateness of any AI-generated content.
Use at Your Own Discretion: You acknowledge that AI suggestions may not be suitable for your specific needs, budget, or circumstances. Always use your own judgment when considering any recommendations.
No Liability for AI Content: We are not responsible for any consequences arising from your reliance on AI-generated suggestions or recommendations.
5. Affiliate Marketing and Commission Disclosure
Affiliate Program Participation
Pingwish participates in various affiliate marketing programs, which means we may earn commissions when you purchase products through certain links on our website. This is a material connection that could affect our recommendations and content.
Amazon Associates Program: We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com and other Amazon websites. When you click on Amazon product links and make a purchase, we may earn a commission at no additional cost to you.
Other Affiliate Partnerships: We may also participate in other affiliate programs with various retailers and service providers. These partnerships allow us to earn commissions on qualifying purchases made through our referral links.
Financial Disclosure and Transparency
No Additional Cost to You: Affiliate commissions do not increase the price you pay for any product or service. The retailer pays us a commission from their profits, not from your payment.
Product Recommendations: While we may earn commissions from affiliate links, our product recommendations and content are based on our genuine opinions and research. We only recommend products and services that we believe will provide value to our users.
Identification of Affiliate Links: We strive to clearly identify affiliate content, though not every individual link may be specifically marked. By using our service, you acknowledge that some links may be affiliate links that generate commissions.
Legal Compliance
This disclosure is made in accordance with:
- The US Federal Trade Commission's guidelines on endorsements and testimonials
- EU Consumer Rights Directive requirements for commercial relationships
- Amazon Associates Program Operating Agreement requirements
- Austrian and European advertising disclosure laws
User Rights: You are not obligated to use our affiliate links. You can always navigate directly to retailers' websites to make purchases without generating commissions for us.
6. Intellectual Property
The Site, brand, logo, design, text, and other original content are the intellectual property of Daria Aparina, Loony Rocket e.U. and are protected by copyright and trademark laws. You may not copy or reuse any part without permission.
7. No Warranty
The Site is provided "as is" and "as available". We make no warranties, express or implied, about its availability, functionality, or accuracy.
8. Third-Party Services and External Links
External Website Disclaimer
Third-Party Links: Pingwish provides links to external websites, including retailers, affiliate partners, and other service providers. We are not responsible for:
- The content, accuracy, or availability of external websites
- The privacy practices or terms of service of third-party sites
- Any transactions, purchases, or interactions you have with external sites
- Product quality, delivery, customer service, or returns from third-party retailers
- Any losses or damages arising from your use of external websites
No Payment Processing
Transaction Disclaimer: Pingwish does not process payments or handle transactions. All purchases are made directly with third-party retailers. We do not collect, store, or process any payment information including credit card details, billing addresses, or financial data.
Purchase Issues: For any issues with purchases, including product defects, delivery problems, returns, or refunds, you must contact the respective retailer directly. Pingwish has no involvement in the fulfillment of orders or resolution of purchase-related disputes.
9. Age Restrictions and Parental Consent
Minimum Age Requirements
Service Age Limit: You must be at least 13 years old to use Pingwish. If you are under 18, you should have parental permission before using our service or clicking on any external links that may lead to purchases.
European Users: If you are located in the European Economic Area, you must be at least 16 years old (or the age of digital consent in your country) to use our service without parental consent.
Parental Supervision
Minors' Use: Parents and guardians are responsible for supervising minors' use of our service and ensuring they understand the implications of:
- Sharing wishlist links with others
- Clicking on affiliate links that lead to shopping websites
- Providing any personal information in wishlists
- Understanding that some content may not be age-appropriate
10. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of data or profits, arising out of your use of the Site, including but not limited to damages arising from AI-generated suggestions, third-party website interactions, or affiliate link usage.
11. Data Protection and International Transfers
By using our Site, you acknowledge that we may use third-party services (such as Google Analytics and Google AdSense) that may transfer your personal data to countries outside the European Economic Area, including the United States. We implement appropriate safeguards to protect your data during such transfers, and you can withdraw consent for non-essential data processing at any time through our cookie preferences.
12. Changes to Terms
We may update these Terms from time to time. If we do, we will post the revised Terms on this page. Continued use of the Site after changes means you accept the updated Terms.
13. Governing Law and Dispute Resolution
Applicable Law
These Terms are governed by the laws of Austria. If any part is invalid or unenforceable, the remaining parts remain in effect.
Dispute Resolution
Jurisdiction: Any disputes arising from these Terms shall be subject to the jurisdiction of the courts in Vienna, Austria, except where consumer protection laws of your residence require otherwise.
EU Online Dispute Resolution: For European Union residents, we inform you of the existence of the EU Online Dispute Resolution platform: https://consumer-redress.ec.europa.eu/index_de. However, as Pingwish is a free service that facilitates links to third-party retailers rather than selling products directly, this platform may not be applicable to disputes involving our service.
Contact Information
Loony Rocket e.U.
Daria Aparina
Pötzleinsdorfer Straße 10/6/5
1180 Wien, Austria
Email: support@pingwish.com