Last updated June 2026
These Terms of Service ("Terms") govern access to and use of the Wish Upon A Table website, applications, alerts, communications, and related services (collectively, the "Service").
The Service is owned and operated by Duckee Designs LLC, a New York limited liability company, doing business as Wish Upon A Table ("Duckee Designs LLC," "Wish Upon A Table," "we," "our," or "us").
By accessing, browsing, creating an account, purchasing credits, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service.
If you are using the Service on behalf of an organization or other entity, you represent that you have authority to bind that entity to these Terms.
The Service provides reservation monitoring and notification functionality that analyzes reservation availability information obtained from third-party systems and notifies users when availability matching user-selected criteria is detected.
The Service does not:
All reservations are made directly between the user and the applicable reservation provider.
You must be at least eighteen (18) years old and legally capable of entering into binding contracts to use the Service. The Service is intended only for users who are at least eighteen (18) years of age.
You agree to provide accurate, current, and complete information and to keep such information updated.
We reserve the right to refuse service, suspend accounts, or terminate accounts at any time.
You are responsible for:
You must immediately notify us of any unauthorized access or security incident involving your account.
We are not liable for losses resulting from unauthorized access to your account.
The Service may require the purchase of credits, subscriptions, or other paid access rights.
Credits may be consumed according to rules published within the Service and may expire after a specified period.
Except where required by applicable law:
Purchasing credits does not guarantee that reservation availability will be detected or that reservations will become available.
We reserve the right to change pricing, credit policies, service plans, and billing practices at any time.
Payments are processed by third-party payment processors. We do not store full payment card information.
The Service depends on websites, reservation systems, booking providers, telecommunications providers, cloud infrastructure providers, payment processors, and other third parties that are not owned or controlled by us.
Such third parties may:
We have no responsibility for the actions or omissions of any third party.
We make no representation regarding the accuracy, completeness, availability, timeliness, or reliability of information obtained from third-party systems.
Notifications may be delivered by SMS, email, push notification, or other communication methods.
Notification delivery is not guaranteed.
Notifications may be delayed, blocked, filtered, rejected, duplicated, or fail to arrive due to circumstances beyond our control, including:
Reservation availability may change before, during, or after a notification is delivered.
You acknowledge that reservation opportunities may no longer be available when you receive an alert.
Wish Upon A Table is an independent service.
Wish Upon A Table and Duckee Designs LLC are not affiliated with, authorized by, sponsored by, endorsed by, or otherwise connected with:
unless expressly stated otherwise in writing.
All trademarks, logos, service marks, and trade names belong to their respective owners.
Reference to any third-party business, restaurant, destination, brand, or service is solely for identification and descriptive purposes.
You agree not to:
We may investigate violations and take any action we deem appropriate.
The Service and all associated software, code, databases, designs, graphics, text, branding, trademarks, functionality, and content are owned by Duckee Designs LLC or its licensors.
No rights are granted except those expressly provided in these Terms.
You may not copy, reproduce, modify, distribute, create derivative works from, or exploit any portion of the Service without prior written consent.
We may modify, suspend, restrict, discontinue, or terminate any portion of the Service at any time and without notice.
We are not liable for any modification, interruption, suspension, degradation, or discontinuation of the Service.
We may immediately suspend or terminate accounts that we believe create legal, operational, technical, reputational, or business risk.
THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUCKEE DESIGNS LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING:
WE DO NOT WARRANT THAT:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUCKEE DESIGNS LLC, ITS OWNERS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:
(a) FIFTY U.S. DOLLARS ($50.00); OR
(b) THE TOTAL AMOUNT PAID BY YOU TO DUCKEE DESIGNS LLC DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED.
You agree to defend, indemnify, and hold harmless Duckee Designs LLC and its affiliates, owners, members, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
We shall not be liable for any delay, interruption, failure, or inability to perform resulting from events beyond our reasonable control, including:
PLEASE READ THIS SECTION CAREFULLY.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration administered by the American Arbitration Association under its applicable consumer arbitration rules.
Arbitration shall take place in Erie County, New York, unless otherwise required by applicable law.
The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision.
Judgment upon any arbitration award may be entered in any court of competent jurisdiction.
Your Right to Opt Out of Arbitration. You may opt out of this Arbitration Agreement within thirty (30) days after you first accept these Terms by sending written notice to support@wishuponatable.com with the subject line "Arbitration Opt-Out," and including your full name and the email address associated with your account. If you timely opt out, neither you nor Duckee Designs LLC will be required to arbitrate disputes between us. Opting out applies only to the Arbitration Agreement in this Section 16; all other provisions of these Terms, including the Class Action Waiver (to the extent permitted by applicable law) and the Governing Law provisions, will continue to apply in full.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY.
YOU WAIVE ANY RIGHT TO PARTICIPATE IN:
NO ARBITRATOR OR COURT MAY CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law principles.
For any matter not subject to arbitration, exclusive jurisdiction and venue shall lie in the state or federal courts located in Erie County, New York.
If any provision of these Terms is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
If the Class Action Waiver in Section 17 is found to be unenforceable as to any particular claim or request for relief, that claim or request shall be severed and adjudicated in a court of competent jurisdiction in accordance with Section 18 (Governing Law), while all remaining claims shall proceed in arbitration.
You may not assign, transfer, or delegate these Terms or any of your rights or obligations under them, in whole or in part, without our prior written consent, and any attempted assignment in violation of this provision is void.
We may freely assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, financing, sale of assets, or by operation of law.
These Terms bind and benefit the parties and their permitted successors and assigns.
These Terms, together with the Privacy Policy, the SMS Terms, the Intellectual Property & DMCA Policy, and any other policies or terms expressly incorporated by reference, constitute the entire agreement between you and Duckee Designs LLC regarding the Service and supersede all prior or contemporaneous agreements, understandings, representations, and communications, whether written or oral, regarding the Service.
In the event of a conflict between these Terms and a policy that expressly addresses a specific subject (such as the SMS Terms with respect to text messaging), the more specific document controls with respect to that subject.
Our failure to enforce any provision of these Terms, or any delay in enforcing it, shall not constitute a waiver of that provision or of our right to enforce it or any other provision at any later time.
Any waiver must be in writing and signed by an authorized representative of Duckee Designs LLC to be effective, and any such waiver applies only to the specific instance and purpose for which it is given.
Provisions of these Terms that by their nature should survive termination or expiration will survive, including, without limitation, the sections governing Credits, Fees, and Payments (to the extent of amounts owed), Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Arbitration Agreement, Class Action Waiver, Governing Law, Severability, and these general provisions.
We may modify these Terms at any time.
Updated Terms become effective upon posting.
Continued use of the Service after changes are posted constitutes acceptance of the revised Terms.
Wish Upon A Table
A Service of Duckee Designs LLC
Western New York, USA
Email: support@wishuponatable.com