Terms of Service

These Terms of Service ("Terms") govern your use of WishSky at wishsky.net (the "Service"). WishSky is operated by Luncheng Zhang, an individual based in Guangzhou, China ("WishSky", "we", "us"). You can reach us at support@wishsky.net.

1. Agreeing to these Terms

By creating an account, signing in or otherwise using the Service, you agree to these Terms and to our Privacy Policy. The sign-in page says this directly under the sign-in buttons, and we record which version of these Terms was in force when you signed in. If you do not agree, please do not use the Service.

These Terms include the following documents, which apply to the activities they describe:

• Community Guidelines — what you can post and how we moderate
• Player Content Licence — the permission you give us for what you post
• Early-Player List & Maker Questions Consent — how makers can reach you through WishSky
• Cookie Notice
• for makers: the Developer Agreement and the Sponsored Slot & Credit Rules

If one of these documents conflicts with these Terms on its own topic, that document wins.

2. Who can use WishSky

• You must be 13 or older. If you are under the age of majority where you live, you may use WishSky only with the permission of a parent or guardian, who accepts these Terms for you.
• Paid plans, credits, reports and sponsored-slot bidding are for people 18 or older. We ask for your year of birth before you can buy (see the Privacy Policy, section 9).
• You must not be barred from using the Service under applicable law, and you must not have been banned from WishSky before.
• One person, one account. If you act for a studio or company, you confirm that you are allowed to accept these Terms for it.

3. Your account

You sign in with a one-time link or code sent to your email address, or with Google. Keep your email account secure: anyone who can read your email can sign in as you. You are responsible for what happens under your account. Tell us at once if you think someone else has accessed it. We may limit how many devices are signed in at the same time and send you security alerts.

4. What WishSky is — and what it is not

• Players describe games they wish existed ("wishes") and back other people's wishes. Makers (game developers) see aggregated demand and may choose to build games inspired by it.
• There is no guarantee. We do not promise that any wish will be built, when, by whom or how it will turn out. "Came true" means a maker says a game fulfils a wish and players have confirmed it; it is not our endorsement of that game.
• Games are made, sold and supported by independent makers, not by us. You buy or download them on third-party stores under those stores' terms; we are not a party to those transactions.
• WishSky's numbers come from people who chose to use WishSky. They show what WishSky users want, not what all players want, and estimates can be wrong. We never give success probabilities or revenue forecasts.
• The Service is in beta. Features may change, be limited or be discontinued.

5. Your content

• You keep ownership of what you post (wishes, reviews, answers, comments). You give us and makers the permission described in the Player Content Licence.
• You are responsible for what you post. Only post what you have the right to post. Do not post other people's personal information or anything confidential.
• Ideas are not owned by whoever wishes them first. Similar wishes may be merged, and makers may build games inspired by any wish. No one is owed payment because an idea was used.
• We may tag, merge, edit for clarity, hide or remove content to run the Service and enforce these Terms.

6. Acceptable use

Follow the Community Guidelines. In particular, do not:

• break the law or infringe anyone's rights, or ask for piracy, cracks, cheats or account trading
• harass, threaten or abuse anyone, post hateful content, sexual content involving minors (never allowed) or spam
• manipulate rankings or reviews: multiple accounts, bots, buying, selling or trading backing or reviews, coordinated voting, or reviewing your own game
• scrape, crawl or access the Service by automated means without our written permission, or resell or redistribute WishSky data
• probe or test our security or anti-abuse systems, interfere with the Service, or get around limits, paywalls or access controls
• impersonate anyone or misrepresent your connection to a studio or game

7. How we enforce these Terms

We use automated and manual measures to keep WishSky fair. We may reduce the weight of suspicious activity, hold content for review, remove content, restrict features, or suspend or close accounts. We will usually tell you why, unless the law or the security of the Service prevents it. You can appeal by emailing support@wishsky.net within 7 days of the decision (14 days for an account ban). We aim to answer appeals within 7 days.

8. Makers

If you create a maker profile, the Developer Agreement also applies. Data you see as a maker is licensed for your own game development and marketing only, and exports carry markers that let us trace leaks.

9. Paid plans

• Some features need a paid plan. Prices and what each plan includes are on the Pricing page. Paid plans are available only once they are offered there.
• Paid plans are sold through our payment provider, which acts as Merchant of Record: it is the seller of record, processes your payment, handles sales tax and VAT and issues your receipt. Its own terms also apply, and its name is shown at checkout. We never receive your full card details.
• Subscriptions (monthly or yearly) renew automatically until you cancel. You can cancel at any time from your billing page; you keep access until the end of the period you have paid for.
• A free trial is available once per plan per person. If you do not cancel before the trial ends, the subscription starts and you are charged.
• Refunds: you can ask for a full refund within 7 days of your first payment for a plan. Apart from that, and from what the Sponsored Slot & Credit Rules say about credits, payments are not refundable except where the law requires.
• If we change the price of a plan you are subscribed to, we will tell you at least 30 days before your next renewal, and you can cancel before it applies.
• If a payment fails, we may limit or downgrade paid features until it is resolved.
• Nothing in these Terms takes away rights you have under consumer protection law where you live.

10. Credits and sponsored placements

Credits are prepaid units that can be spent only on WishSky services. They have no cash value, cannot be transferred, and cannot be withdrawn or exchanged for money. Credits and sponsored placements are governed by the Sponsored Slot & Credit Rules.

11. Our property

The Service — its software, design, brand, logo, rankings, compilations and reports — belongs to us or our licensors. We give you a limited, personal, non-transferable licence to use the Service as intended. If you send us feedback or suggestions, we may use them freely.

12. Third-party services

The Service links to and relies on third parties, such as game stores, Google sign-in, our payment provider and Cloudflare. We are not responsible for their services, content or terms.

13. Ending your use

• You can delete your account at any time from My sky. Deletion happens after a 7-day grace period; signing in during that period cancels it. What we keep afterwards is explained in the Privacy Policy.
• We may suspend or close your account under section 7, if the law requires it, or if we discontinue the Service. If we discontinue the Service, we will try to give 30 days' notice and refund unused prepaid subscription time.
• Sections 5, 9 (for amounts already due), 10, 11 and 14–19 continue to apply after your use ends.

14. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent the law allows, we make no warranties of any kind, express or implied, including about availability, accuracy of data, fitness for a particular purpose, or what any maker builds.

15. Limitation of liability

To the fullest extent the law allows: we are not liable for indirect, incidental, special or consequential losses, or for lost profits, revenue, data or goodwill; and our total liability for all claims relating to the Service is limited to the greater of the amount you paid us for the Service in the 12 months before the claim and 50 US dollars. Nothing in these Terms limits liability that cannot be limited by law, such as for fraud or for death or personal injury caused by negligence.

16. Responsibility for misuse

If you use the Service in breach of these Terms or the law and someone makes a claim against us because of it, you agree to cover our reasonable costs of dealing with that claim, to the extent the law allows.

17. Governing law and disputes

These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of Delaware, United States, and applicable U.S. federal law, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before bringing a claim, please contact us at support@wishsky.net and give us 30 days to try to resolve it informally.

Any dispute that is not resolved informally will be decided by the state or federal courts located in New Castle County, Delaware, and you and we consent to their jurisdiction. Either of us may instead bring an individual claim in a small-claims court where it qualifies.

If you are a consumer, nothing in this section takes away the protection of the mandatory consumer laws of the place where you live, or any right those laws give you to bring a claim in your local courts.

18. Changes to these Terms

We may update these Terms. For material changes, we will give notice on the site or by email at least 14 days before they take effect, unless a faster change is needed for legal or security reasons. The effective date and version are shown at the top of this page. If you keep using the Service or sign in again after a change takes effect, you accept the new Terms. If you do not agree, stop using the Service and delete your account.

19. General

These Terms are the whole agreement between you and us about the Service. If a part is found unenforceable, the rest still applies. If we do not enforce a right, we have not waived it. We may transfer these Terms as part of a reorganisation or transfer of the Service; you may not transfer them without our consent. If these Terms are translated, the English version prevails. We may send notices to your account's email address or post them on the site.

20. Copyright complaints (DMCA)

We respect copyright and respond to notices of alleged infringement under the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512).

To report content you believe infringes your copyright, send a written notice to our designated agent (below) that includes:

1. your physical or electronic signature;
2. identification of the copyrighted work you say is infringed;
3. identification of the material you say is infringing and where it is on WishSky (for example, its URL);
4. your name, address, telephone number and email address;
5. a statement that you believe in good faith that the use is not authorised by the copyright owner, its agent or the law; and
6. a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act for the owner.

Counter-notice. If your content was removed and you believe that was a mistake or misidentification, you can send a counter-notice to the same agent with: your signature; identification of the removed material and where it appeared; a statement under penalty of perjury that you believe in good faith it was removed by mistake or misidentification; your name, address and telephone number; and a statement that you consent to the jurisdiction of the U.S. federal district court for your address (or, if you are outside the United States, any judicial district in which WishSky may be found) and will accept service of process from the person who sent the original notice. Unless that person tells us they have filed a court action, we may restore the material 10 to 14 business days after receiving your counter-notice.

Repeat infringers. In appropriate circumstances we close the accounts of people who repeatedly infringe copyright.

Designated agent:

• Name: Luncheng Zhang, copyright agent for WishSky
• Address: No. 1, Xuefu Road, Huadu District, Guangzhou, Guangdong Province, China
• Telephone: +86 19926845912
• Email: support@wishsky.net

Knowingly misrepresenting that material is infringing, or that it was removed by mistake, can make you liable for damages (17 U.S.C. § 512(f)).

21. Contact

Questions about these Terms: support@wishsky.net. Mailing address: No. 1, Xuefu Road, Huadu District, Guangzhou, Guangdong Province, China.