Terms of Use

1.Acceptance and Eligibility

By creating an account, checking the acceptance box or simply using the Service, you represent that you have read, understood and agree to these Terms, entering into a binding contract with us. If you use NextWish on behalf of an organisation, you represent that you are authorised to bind it.

You must be at least 13 years old to use the Service. In the European Union and in countries requiring a higher minimum age for data processing, you must be at least 16 or, if younger, have the consent and supervision of a legal guardian, as required by applicable law.

If you are a minor under the law of your country, you may only use the Service with the authorisation and supervision of your parents or guardians, who are also responsible for compliance with these Terms.

2.The Service

NextWish lets you log the media you consume, assign ratings, write short reviews and build a public taste profile. It offers a follow-based social graph, a queue and archive, personal collections, achievements, user-to-user recommendations and an optional Premium subscription.

The Service is provided "as is" and "as available". We may at any time add, change, suspend or discontinue features, in whole or in part, and will seek to inform you in advance of material changes whenever reasonably possible.

Some features depend on an internet connection, compatible devices and third-party services whose operation is beyond our control.

3.Account and Security

To use most of the Service, you must create an account and provide true, current and complete information, keeping it up to date. You are responsible for all activity that occurs under your account.

Keep your credentials confidential and do not share them. You must notify us immediately, through the contact channel indicated, of any unauthorised use or suspected compromise of your account.

We may adopt reasonable security measures but do not guarantee that the Service will be free of unauthorised access. You are liable for losses arising from carelessness with your credentials.

4.Acceptable Use

You agree to use the Service lawfully and respectfully. It is prohibited to post or engage in: illegal content; harassment, threats or intimidation; offensive, discriminatory or hateful content, or content inciting violence; non-consensual nudity or sexual material involving minors; spam; and infringement of third-party rights.

NextWish applies automated moderation: offensive usernames, display names and reviews may be automatically blocked or removed, without prejudice to human review and other appropriate measures.

It is also prohibited to: scrape or automatically harvest data; abuse the APIs, circumvent rate limits or overload the infrastructure; reverse engineer the Service; use unauthorised bots; and impersonate any person or entity.

We may remove content and restrict accounts that violate these rules, at our reasonable discretion and in accordance with applicable law.

5.User Content and Licence

You retain ownership of the content you create on NextWish, such as reviews, ratings, lists and collections ("User Content"). These Terms do not transfer ownership of your content to us.

To operate the Service, you grant us a worldwide, non-exclusive, royalty-free and revocable (to the extent you remove it) licence to host, store, reproduce, technically adapt and display your User Content, including publicly where you choose to publish it, for the purpose of providing and promoting the Service.

You represent that you hold the rights necessary for what you post and that you are solely responsible for your User Content and its legality. When you delete content or your account, we cease its public display, save for temporary technical or backup copies and legal retention obligations.

6.Intellectual Property and Attributions

The Service, including the application, source code, design, the "NextWish" brand, logos and other elements, belongs to the Provider or its licensors and is protected by intellectual property laws. These Terms grant you no rights in our trademarks or technology beyond the use of the Service as provided herein.

Catalog metadata (titles, covers, synopses, previews and images) comes from third parties and belongs to their respective owners. We use this data under the terms of the respective sources, and you acquire no rights in it.

Attributions required by the data providers: "This product uses the TMDB API but is not endorsed or certified by TMDB." Game data provided by RAWG. Book data provided by the Google Books API. Music previews and metadata provided by Apple (iTunes / Apple Music). All trademarks mentioned belong to their respective owners.

7.Premium Subscription

NextWish offers an optional Premium subscription with additional features for a recurring fee. Charges are processed by Stripe, our payment provider; by subscribing, you also accept Stripe's applicable terms. Prices and what is included are shown at the time of purchase.

The subscription is monthly and renews automatically at the end of each period, at the then-current price, until you cancel. Any price changes will be communicated with reasonable advance notice and will take effect from the next cycle, allowing you to cancel before they apply.

You may cancel at any time within the app or through Stripe's management portal (or, in native versions, through the relevant app store where applicable). After cancellation, you keep Premium access until the end of the period already paid, with no further charges.

8.Refunds and Right of Withdrawal

Consumers in Brazil have a right of regret under Article 49 of the Consumer Protection Code (CDC): you may withdraw from the purchase within 7 (seven) days of subscribing or paying, where the purchase is made away from business premises (such as online), with a refund of amounts paid.

Consumers in the European Union generally have a 14 (fourteen)-day right of withdrawal. However, for digital content and services supplied immediately, by requesting immediate performance and expressly acknowledging this, you agree to lose the right of withdrawal once performance has begun.

To exercise these rights or request a refund, contact us at contact@nextwish.app stating your account and the date of purchase. Applicable refunds are processed via the original payment method through Stripe. Nothing in this section removes mandatory refund rights provided under your local law.

9.Disclaimers

The Service, including recommendations, aggregated ratings and user-to-user suggestions, is provided without warranties of any kind, express or implied, to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free or fully secure.

Recommendations are generated automatically and are purely informational and for entertainment; they do not constitute professional advice and should not be your sole basis for a decision.

We are not responsible for the accuracy, completeness or currency of catalog metadata provided by third parties (such as TMDB, RAWG, Google Books and Apple), nor for content posted by other users. Nothing in this section removes statutory guarantees that cannot be excluded under applicable consumer law.

10.Limitation of Liability

To the maximum extent permitted by applicable law, the Provider is not liable for indirect, incidental, special, punitive or consequential damages, lost profits or loss of data, arising from the use of or inability to use the Service.

To the extent permitted by law, the Provider's total liability relating to the Service is limited to the amount you actually paid in the 12 (twelve) months preceding the event giving rise to the claim, or, where no payment was made, to a nominal amount as set by applicable law.

Nothing in these Terms limits liability that cannot be excluded by law, including wilful misconduct, gross negligence, harm to life or bodily integrity, and the non-waivable consumer rights provided under the Brazilian CDC and European Union law.

11.Suspension and Termination

We may suspend or terminate your access to the Service, in whole or in part, in the event of a breach of these Terms, a legal requirement or a risk to the security of users and the platform. Where possible and proportionate, we will notify you and give you an opportunity to remedy the situation.

You may close your account at any time by deleting it in the app settings or requesting deletion through our contact. Termination does not entitle you to a refund beyond what is provided in the refunds section and applicable law.

Provisions that by their nature should survive termination (such as intellectual property, disclaimers, limitation of liability and venue) will remain in force after termination.

12.Changes to these Terms

We may update these Terms to reflect changes in the Service, the law or our practices. The current version will always be available in the app and on the website, with the effective date shown at the top.

We will communicate material changes by reasonable means, such as an in-app notice or email, with adequate advance notice where required by law. Continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms.

If you do not agree with the changes, you should stop using the Service and, if you wish, close your account before they take effect.

13.Governing Law and Venue

These Terms are governed by the laws of the Federative Republic of Brazil, including the Consumer Protection Code (CDC) and the General Data Protection Law (LGPD).

The courts of São Paulo/SP are chosen to settle disputes arising from these Terms, without prejudice to the consumer's right to sue in the courts of their own domicile, as provided by applicable law.

If you are a consumer resident in the European Union or another jurisdiction with mandatory protections, you retain the rights and protection of the mandatory rules of your country of residence, which prevail over any conflicting provisions of these Terms.

14.Contact

For questions, requests or complaints about these Terms or the Service, please contact us at contact@nextwish.app.

Provider: LUCAS GARCIA SCAPIN CONSULTORIA EM TECNOLOGIA DA INFORMACAO LTDA - ME, registered under CNPJ No. 52.802.823/0001-34. We will respond to requests within a reasonable time and in accordance with applicable law.