1. The Application
Birthday Elf is licensed to you (“End-User”) by Birthday Elf LLC, located at 64 N. F Street, Salt Lake City, Utah 84103, United States (“Licensor”), for use only under the terms of this License Agreement.
By downloading the Application from the Apple App Store, and any updates thereto, you agree to be bound by all of the terms of this License Agreement.
Apple is not a party to this License Agreement and is not bound by any obligations regarding warranty, liability, maintenance, or support. Birthday Elf LLC, not Apple, is solely responsible for the licensed Application and its content.
This License Agreement complies with the Apple App Store Terms of Service. All rights not expressly granted to you are reserved.
The Application is a piece of software created to help users celebrate the people in their lives and remember important dates and events with minimal effort. It is designed for Apple mobile devices.
This Application is not tailored to comply with industry-specific regulations (such as HIPAA or FISMA) and may not be used in ways that violate the Gramm-Leach-Bliley Act (GLBA).
2. Scope of License
- You are granted a non-transferable, non-exclusive, non-sublicensable license to install and use the Application on Apple-branded products that you own or control, as permitted by the App Store Terms of Service.
- This license also governs any updates provided by the Licensor unless a separate license is provided.
- You may not share, rent, lend, lease, or redistribute the Application without prior written consent from Birthday Elf LLC.
- You may not reverse engineer, decompile, disassemble, modify, or create derivative works of the Application.
- You may make backup copies only on devices you own or control, ensuring no unauthorized access.
- Violations of these obligations may result in prosecution and damages.
- The Licensor reserves the right to modify license terms at any time.
- You must comply with all applicable third-party terms and conditions.
3. Technical Requirements
- The Application requires firmware version 1.0.0 or higher.
- You are responsible for ensuring that your device meets technical specifications.
- The Licensor reserves the right to modify technical specifications at any time.
4. Maintenance and Support
- The Licensor is solely responsible for providing maintenance and support for this Application.
- Apple has no obligation to provide maintenance or support services for this Application.
5. Use of Data
You acknowledge that the Licensor may access and adjust your downloaded content and personal information. The use of such material is subject to the Licensor’s Privacy Policy:
http://www.bdayelf.com/privacy
6. User Generated Contributions
The Application may allow you to create, submit, or share content (“Contributions”). Contributions may be viewable by other users and are subject to the Privacy Policy.
You agree that your Contributions will not:
- Infringe the intellectual property rights of others
- Contain false, misleading, or deceptive material
- Include spam, chain letters, or unauthorized promotions
- Be obscene, harassing, violent, or defamatory
- Violate privacy rights or exploit minors
- Promote discrimination, hatred, or illegal activity
Violation of these terms may result in suspension or termination of your rights to use the Application.
7. Contribution License
You agree that Birthday Elf LLC may access, store, and use any information and personal data you provide, in accordance with the Privacy Policy.
By submitting suggestions or feedback, you agree that the Licensor may use them without compensation.
You retain ownership of your Contributions, and the Licensor does not claim any rights over them.
8. Liability
- The Licensor’s liability is limited to intent and gross negligence.
- In cases of minor negligence, liability applies only to essential contractual duties and is limited to foreseeable damages.
- This limitation does not apply to damages to life, health, or safety.
- The Licensor is not responsible for data loss or third-party platform changes that reduce the Application’s functionality.
9. Warranty
- The Licensor warrants that the Application is free from viruses, malware, or similar defects at download and functions as described.
- No warranty applies if the Application is modified, misused, or combined with incompatible hardware or software.
- You must report defects within 90 days of discovery.
- The Licensor may remedy defects by repair or replacement.
- If the Application fails to meet warranty standards, you may request a refund through the App Store.
- For business users, claims expire after 12 months from the date of availability.
10. Product Claims
Birthday Elf LLC, not Apple, is responsible for addressing any user or third-party claims regarding the Application, including:
- Product liability claims
- Failure to meet legal or regulatory requirements
- Claims under consumer protection or privacy laws, including HealthKit and HomeKit integrations
11. Legal Compliance
You represent and warrant that you are not located in a country under a U.S. embargo, not listed on any U.S. restricted party lists, and are not a resident of a “terrorist-supporting” country.
12. Contact Information
For inquiries, complaints, or support related to the Application, contact:
Birthday Elf Customer Support
64 N. F Street
Salt Lake City, UT 84103
United States
Email: stevenryangray@gmail.com
13. Termination
This license is valid until terminated by either Birthday Elf LLC or you. It will terminate automatically if you fail to comply with the terms. Upon termination, you must cease all use and delete all copies of the Application.
14. Third-Party Terms and Beneficiary
Birthday Elf LLC agrees to comply with all third-party terms of agreement when using the licensed Application.
Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you as such.
15. Intellectual Property Rights
In the event of any third-party claim that the Application or your use infringes intellectual property rights, Birthday Elf LLC, not Apple, is responsible for investigation, defense, and settlement of such claims.
16. Applicable Law
This License Agreement is governed by the laws of the State of Utah, excluding its conflict of law principles.
17. Arbitration
You and the Licensor agree to resolve any claims or disputes on an individual basis only. This means you give up the right to bring or participate in any class, collective, or representative action against the Licensor, and the Licensor gives up the right to bring or participate in such actions against you. All claims will be resolved individually, typically through arbitration, and on a basis for each individual claimant only.
18. Miscellaneous
If any provision of this Agreement is found invalid, the remaining provisions remain in effect. Invalid provisions will be replaced by valid ones with similar intent.
All amendments or changes to this Agreement must be in writing.
All rights not expressly granted are reserved by Birthday Elf LLC.