Birthday Buddy Terms of Service
Effective date: 2026-04-17
These Terms of Service ("Terms") govern your use of the Birthday Buddy iOS application ("the app"). By creating an account or continuing to use the app, you agree to these Terms. If you do not agree, do not use the app.
1. Who can use the app
You must be at least 13 years old. In European Economic Area member states with a higher age of digital consent (typically 16), you must meet the local minimum age or have parental consent. You may not use the app if you are barred from doing so under applicable law.
2. Your account
You are responsible for keeping your account credentials secure and for all activity under your account. You can delete your account at any time in Settings > Delete Account.
3. License
We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the app on Apple-branded devices you own or control, solely for your personal, non-commercial use, subject to these Terms and Apple's Licensed Application End User License Agreement.
4. Subscriptions and purchases
The app offers optional subscriptions and one-time Premium Day passes, all processed by Apple via the App Store.
Auto-renewal. Subscriptions automatically renew at the end of each period at the then-current price unless you cancel at least 24 hours before the period ends. Your Apple ID is charged within 24 hours of the renewal. You can manage or cancel subscriptions in Settings > Apple ID > Subscriptions.
Refunds. Refunds for in-app purchases are handled by Apple according to Apple's refund policy. We do not process refunds directly. If you reside in the European Economic Area, you may have a statutory right of withdrawal, which must be exercised directly through Apple.
Premium Day. A Premium Day pass is a one-time consumable purchase that does not renew. When you activate a pass, you get a 24-hour window of unlimited AI generations; once the window ends, the pass is consumed. Unactivated passes stay on your account until you use them.
5. Apple App Store
The following terms apply because the app is distributed through the Apple App Store. These Terms are concluded between you and us only, and not with Apple. Apple is not responsible for the app or its content.
Maintenance and support. You acknowledge that we, not Apple, are responsible for providing any maintenance and support services for the app. Apple has no obligation whatsoever to furnish any maintenance and support services for the app.
Third-party beneficiary. You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the app or your use of the app, including product-liability claims, any claim that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer-protection, privacy, or similar legislation.
6. Acceptable use
You agree not to:
- Use the app to harass, abuse, or threaten any person, including through AI-generated content;
- Upload or submit illegal, infringing, or deceptive content;
- Reverse-engineer or attempt to extract source code;
- Circumvent access controls, subscription gates, or rate limits;
- Store data about third parties without a lawful basis (keep contact entries only for people whose birthday you legitimately want to remember).
7. AI-generated content
The app uses third-party large language models to generate birthday messages and gift suggestions on your request. AI-generated content is not professional advice and may be inaccurate, incomplete, biased, or offensive. We do not review generated content before it is shown to you. You are solely responsible for what you share. Review and edit AI output before sending it to anyone.
8. Your content
You retain ownership of content you create in the app (contacts, notes, gift history, custom messages). You grant us a limited, non-exclusive license to process your content solely to operate the app, sync it across your devices, and generate AI responses you request. We do not sell your content and we do not use it to train AI models.
You represent that you have a lawful basis to store personal information about your contacts in the app.
9. Intellectual property
The app, its design, text, graphics, logos, and all related intellectual property are owned by us or our licensors. These Terms do not grant you any right to our trademarks or trade dress.
10. Disclaimer of warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, OR DATA, ARISING FROM OR RELATED TO YOUR USE OF THE APP. OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR FIFTY US DOLLARS, WHICHEVER IS GREATER. Nothing in these Terms limits liability that cannot be limited under applicable law.
12. Termination
We may suspend or terminate your access if you violate these Terms, if required by law, or if we discontinue the app. You may terminate your account at any time in Settings > Delete Account. Sections 6 through 14 survive termination.
13. Governing law
These Terms are governed by the laws of the State of California, United States, excluding its conflict-of-laws rules. Any dispute will be resolved exclusively in the state or federal courts located in California, and you consent to personal jurisdiction there. Nothing in this section limits any mandatory consumer protections that apply to you under the laws of your country of residence.
14. Changes
We may update these Terms from time to time. When we do, we will update the effective date and, for significant changes, notify you in the app. Your continued use of the app after changes take effect means you accept the updated Terms.