Terms of Service

1. Acceptance of Terms

This application, birthdays.app ("App"), is owned and operated by Confetti Labs LLC ("Company," "we," "us," or "our"). By accessing, downloading, or using the App, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"), as well as any applicable laws, regulations, and additional policies referenced herein. If you do not agree, you may not use the App.

2. Service Description

The App provides a subscription-based service delivering reminders and related features through communication channels we select based on your region, preferences, or availability (e.g., SMS, WhatsApp) ("Service"). Core functionality means delivering birthday reminders via selected channels. We may modify non-core features at our discretion without notice. We may text you a login link for account access; you are solely responsible for securing this link and any resulting account activity.

We use third-party advertising and analytics technologies—including Meta Pixel, TikTok Pixel, X Ads Pixel (formerly Twitter), and Google Ads—to understand user behavior, measure marketing effectiveness, and improve outreach. These tools may collect or receive limited data (such as page visits, hashed phone numbers, or event metadata) for purposes like conversion tracking, ad optimization, and audience retargeting. See our Privacy Policy for details.

You may import birthdays through various methods we support:

• If you choose "Sync from Google Calendar," we request limited access to your calendar events to identify potential birthdays. Calendar data is deleted immediately after import, or within 30 days of disconnection if you choose not to import. No other calendar operations are performed.
• If you use our Facebook Importer Chrome extension ("Export Facebook Birthdays to birthdays.app"), the extension reads birthday information visible to you in your Facebook account and securely transmits it to the App. The extension does not collect Facebook credentials, post content, or modify your Facebook account in any way. The Facebook Importer Chrome extension is an independent tool and is not endorsed by, affiliated with, or sponsored by Meta Platforms, Inc. ("Facebook"). Use of our import tools is subject to these Terms.

3. Eligibility and User Responsibilities

3.1 Eligibility: You must be at least 13 years of age or the age of majority in your jurisdiction, whichever is higher. If under 18, you represent that you have parental or guardian consent.

3.2 Accurate Information: You agree to provide accurate, current, and complete information during registration and use, including data you input manually or authorize others to provide.

3.3 Import Rights: When importing data from external services (e.g., Google Calendar, Facebook via our Facebook Importer Chrome extension), you represent that you have lawful access to such data and the right to import it into the App. You are responsible for ensuring appropriate consent for any third-party information you import.

3.4 Lawful Use: You shall use the App only for lawful purposes and in compliance with these Terms. Prohibited activities include transmitting harmful code (e.g., viruses, malware), harassing others, or attempting to reverse-engineer or disrupt the App.

3.5 Account Security: You are responsible for maintaining the confidentiality of your account credentials and any login links we send you. You assume all risks associated with unauthorized access due to your failure to secure these links or credentials.

4. Intellectual Property Rights

4.1 Ownership: All content, software, designs, trademarks, and functionality within the App ("App Content") are the exclusive property of Confetti Labs LLC or its licensors, protected by U.S. and international intellectual property laws.

4.2 License: We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes, subject to these Terms.

4.3 Restrictions: You may not copy, modify, distribute, sell, sublicense, or exploit any portion of the App Content without our prior written consent.

5. Subscription and Payments

5.1 Fees: Access to the Service requires a recurring subscription fee, as detailed in the App. Fees are non-refundable except as required by law or expressly stated. We may offer limited free reminders as a trial; such offers are subject to change without notice.

5.2 Billing: You authorize us to charge your designated payment method. We may adjust fees with 30 days' notice; continued use after such notice constitutes consent to updated fees.

5.3 Cancellation: You may cancel your subscription at any time, but no refunds will be provided for partial billing cycles unless required by law.

6. Third-Party Contributions and Imported Data

You may invite others (e.g., friends) to submit information via a link we provide, or import birthday data from external services we support (e.g., Google Calendar, Facebook via our Facebook Importer Chrome extension). By sending links or importing data, you confirm you have explicit consent to submit such data and for the individuals to receive communications from us. You are solely responsible for any unauthorized submissions, imported data accuracy, or resulting disputes. We are not liable for inaccuracies, disputes arising from third-party submissions, or changes to external platforms that affect import functionality.

7. Contact Syncing

If we offer the ability to sync your phone contacts for data, this feature will require your explicit opt-in consent. You are responsible for ensuring you have permission from contacts to use their information in the App.

8. Termination and Suspension

We may suspend or terminate your access to the App, in whole or in part, at our sole discretion, with or without notice, for reasons including violation of these Terms, suspected fraud, or legal compliance. Upon termination, your license ends immediately, and we are not liable for any resulting loss.

9. Disclaimer of Warranties

The App and Service are provided "as is" and "as available," without warranties of any kind, express or implied, including quality, suitability for a particular purpose, or non-infringement. We do not guarantee uninterrupted, error-free, or secure operation.

10. Limitation of Liability

To the fullest extent permitted by law, Confetti Labs LLC, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including lost profits, data, or goodwill) arising from your use of or inability to use the App, even if advised of such damages. In no event shall our total liability exceed the amount you paid us in the preceding 12 months.

11. Indemnification

You agree to indemnify, defend, and hold harmless Confetti Labs LLC and its affiliates from any claims, losses, damages, or expenses (including legal fees) arising from your use of the App, violation of these Terms, or infringement of third-party rights.

12. Governing Law and Dispute Resolution

12.1 Governing Law: These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict of law principles.

12.2 Arbitration: Any disputes arising under these Terms will be resolved through binding arbitration in Cheyenne, Wyoming, USA, under the American Arbitration Association's rules. Each party bears its own costs, including attorney's fees, unless the arbitrator awards otherwise. Arbitration shall be conducted on an individual basis; you waive any right to class actions, collective proceedings, or jury trials. If arbitration is unavailable or unenforceable, disputes shall be resolved in state or federal courts in Cheyenne, Wyoming.

12.3 Exceptions: We may seek injunctive relief in any court for intellectual property or equitable claims.

13. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated through reasonable means (e.g., via the App or your contact information) at least 30 days before taking effect, unless immediate changes are required by law. Continued use after the effective date constitutes acceptance.

14. Miscellaneous

14.1 Severability: If any provision is invalid, the remaining provisions remain enforceable.

14.2 Entire Agreement: These Terms, with referenced policies, constitute the entire agreement between you and us regarding the App.

14.3 Force Majeure: We are not liable for delays, failures, or interruptions due to events beyond our reasonable control, including natural disasters, cyberattacks, government actions, pandemics, API outages (including Google, Facebook, or other third-party services), texting service provider failures, or technological disruptions.

14.4 No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

14.5 Survival: Sections 4, 9, 10, 11, 12, and any other provisions that by their nature should survive, will remain in effect after termination.