Terms and Conditions

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” or “Birthday Elf” or “Company”), for use only under the terms of this License Agreement.

By downloading the Application (or “App”) from the Apple App Store, and any updates thereto, and/or by downloading, installing, accessing, or using the App, and/or clicking “I Agree,” “Accept,” or any similar button or checkbox, you acknowledge that you have read, understood, and agree to be bound by all of the terms of this License Agreement. If you do not agree to these Terms in their entirety, you are not authorized to access or use the App or Services, and you must immediately uninstall the App and discontinue all use of the services.

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.

These Terms incorporate by reference our Privacy Policy/Notice (the “Privacy Policy”), available at bdayelf.com/privacy-policy, which describes in greater detail our practices regarding the collection, use, retention, sharing, and protection of personal information. In the event of any conflict between these Terms and the Privacy Policy, these Terms will control to the extent of the conflict, except where applicable data protection laws require otherwise.

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).

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2. Scope of License

1. You are granted a non-transferable, non-exclusive, non-sublicensable license to download, install, and use one copy of the Application on Apple-branded products that you own or control, as permitted by the App Store Terms of Service for your personal, non-commercial use, unless Company has authorized other use in writing.
2. This license also governs any updates provided by the Licensor unless a separate license is provided.
3. You may not share, rent, lend, lease, or redistribute the Application without prior written consent from Birthday Elf LLC.
4. You may not reverse engineer, decompile, disassemble, modify, create derivative works of the App, or otherwise attempt to derive the source code of any portion of the App or Services, except where such restriction is prohibited by applicable law.
5. You may make backup copies only on devices you own or control, ensuring no unauthorized access.
6. Violations of these obligations may result in prosecution and damages.
7. The Licensor reserves the right to modify license terms at any time.
8. You must comply with all applicable third-party terms and conditions.
9. You shall not, and shall not permit any third party to:

A. Copy, modify, adapt, translate, or create derivative works based on the App or any part thereof, except as expressly permitted by applicable law.

B. Distribute, sell, lease, sublicense, transfer, or otherwise make the App or any part of it available to any third party (other than through lawful sharing functionalities provided within the App).

C. Remove, alter, or obscure any proprietary notices or labels (including copyright and trademark notices) on or in the App.

D. Bypass, circumvent, or attempt to defeat any security or digital rights management mechanisms in the App.

10. While Company is not obligated to implement or respond to any any suggestions, ideas, enhancements, or other feedback to Company regarding the App or Services, you grant Company a worldwide, perpetual, irrevocable, royalty-free license to use and exploit such feedback for any purpose, including improving the App and developing new products or services, without any obligation to you.

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3. Technical Requirements

1. The Application requires firmware version 1.0.0 or higher.
2. You are responsible for ensuring that your device meets technical specifications.
3. The Licensor reserves the right to modify technical specifications at any time.

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4. Maintenance and Support

1. The Licensor is solely responsible for providing maintenance and support for this Application.
2. Apple has no obligation to provide maintenance or support services for this Application.

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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

The App is designed to help Users remember important personal events and dates by utilizing Contact Information (as defined below). Subject to these Terms, the App may:

A. Contact Import. Access and import contact data from your mobile device, including names, email addresses, phone numbers, birthdates, and related details stored in your device address book or contact database (collectively, “Contact Information”).

B. Event Management. Create, maintain, and manage a personalized database of events, such as birthdays, anniversaries, and other dates and occasions you choose to track (collectively, “Events”).

C. Reminders and Notifications. Generate and deliver reminders about Events through in-app notifications, push notifications, emails, text messages (SMS), or other communication channels supported by the App.

D. User-to-User Sharing. Enable you to voluntarily share certain Event details and associated Contact Information with other Users of the App (“Sharing Users”) in order to coordinate reminders and related communications (the “Sharing Feature”).

E. Messaging Services. Provide functionality that allows you to compose and send emails and text messages (SMS) to Contacts or Sharing Users regarding Events (the “Messaging Services”).

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6. User Account Requirements

To access and use most features of the App, you may be required to create a user account (“Account”). By creating and maintaining an Account, you represent, warrant, acknowledge, and/or agree that:

A. The App and Services are not directed to, and we do not knowingly permit registration by, individuals under the age of thirteen (13). If we discover that a User is under thirteen (13) years of age, we will take steps to suspend or terminate that User’s Account and delete associated personal information as required by law. If you are a parent or legal guardian and believe your child has used the App in violation of these Terms, you should contact us promptly at support@bdayelf.com so that we may take appropriate action.

B. You are at least eighteen (18) years of age, or the age of majority in your jurisdiction, whichever is greater. If you are under the age of eighteen (18) or under the age of majority in your jurisdiction but at least thirteen (13) years old, you have obtained the consent of a parent or guardian where required by applicable law to use the App.

C. The information you provide to create and maintain your Account (including your name, email address, and any other requested details) is and will remain accurate, current, and complete.

D. You will maintain the confidentiality and security of your Account credentials (including username, password, and any multi-factor authentication tokens).

E. You will promptly notify Company of any unauthorized use of your Account or any other actual or suspected breach of security. In addition, You will take appropriate steps within your power to secure or disable your Account, to prevent its misuse with regard to other users.

F. You accept full responsibility for all activities that occur under your Account and acknowledge that Company may, in its discretion, treat all actions taken through your Account as authorized by you.

G. You will use the App and its services for personal use, and not for commercial use or gain.

H. When others including other users request that you not use the App or its services to contact them you will comply with their requests.

7. User Generated Contributions

The Application may allow you to create, submit, or share content (“Contributions” or “Contact Information”). 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.

Birthday Elf does not independently verify or validate the Contributions or Contact Information that you import or provide. You acknowledge and agree that:

A. You are solely responsible for ensuring that Contact Information you import or enter into the App is accurate, current, and complete.

B. You are solely responsible for verifying that you have lawful authority to import, store, and share Contact Information about third parties, including compliance with relevant privacy and data protection laws in your jurisdiction and the jurisdiction of the Contacts.

C. You will promptly correct any inaccuracies in Contact Information through your device’s contact management system or, where applicable, through editing functionalities within the App.

D. Your import, storage, and sharing of Contact Information must not violate any applicable law, contractual obligation, or third-party rights, including rights of privacy, publicity, and data protection.

You agree to import Contact Information and create Events solely for your personal or household activities (for example, maintaining your own birthday calendar). Company generally processes such data on your behalf as a processor or service provider, and such processing may be subject to applicable household or similar exemptions under data protection laws.

When Contact Information relates to individuals who are not Users of the App:

A. You represent and warrant that you have an appropriate lawful basis and necessary notices or consents to import, store, and share their personal data.

B. You agree to provide such individuals, upon request and where required by law, with appropriate information about your use of their data in connection with the App, and to cooperate in responding to any data subject rights requests they may address either to you or to Company.

You grant Company a worldwide, non-exclusive, royalty-free, sublicensable license to use, host, store, reproduce, modify, and display your User content solely:

A. To provide, maintain, and improve the App and Services.

B. To comply with applicable law and enforce these Terms.

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7. Voluntary Data Sharing Between Users

Nature and Scope of the Sharing Feature. The App may allow you to choose to share Event information and associated Contact Information with one or more Sharing Users. By using the Sharing Feature, you acknowledge and agree that:

A. The Sharing Feature is voluntary, opt-in, and user-controlled; Company does not automatically share your Contact Information or Event details with other Users without your explicit action.

B. When you choose to share Event information, you are instructing Company to make specific Event details and associated Contact Information visible to selected Sharing Users within the App.

C. Depending on your settings and selections, Sharing Users may see:

D. You may modify or revoke your sharing permissions at any time within the App’s settings. Revocation will prevent further sharing going forward but may not remove or recall information that has already been accessed or stored by the Sharing User.

E. You are primarily responsible for your decision to share Contact Information and Event details with other Users and for ensuring that such decisions comply with applicable laws. Specifically:

1. You represent and warrant that you have obtained all rights, permissions, consents, and lawful bases required under applicable law to share Contact Information about individuals whose data you include in the App.
2. If you are subject to the General Data Protection Regulation (GDPR) or similar data protection laws, you represent and warrant that you have a valid lawful basis (such as consent, legitimate interest, or another basis specified in Article 6 of the GDPR or analogous provisions) to process and share such data, including, where applicable, notice obligations to the data subjects.
3. You agree not to share Contact Information or Event details that are confidential, sensitive, or otherwise inappropriate to share, including data relating to minors where parental or guardian consent is required but has not been obtained.
4. You acknowledge that any complaints, claims, or disputes by individuals whose Contact Information you have shared (including claims related to lack of consent, privacy violations, or data protection law violations) will, as between you and Company, be primarily your responsibility, without prejudice to mandatory rights and remedies of data subjects under applicable law.

F. Company acts as a neutral technical platform facilitating user-to-user sharing. You therefore acknowledge that:

1. Company does not select or control the specific Contacts or Events that you choose to share, and Company does not independently verify whether your sharing decisions comply with applicable law.
2. Company is not required to monitor user-to-user communications or shared Contact Information on a continuous basis. However, Company reserves the right, but not the obligation, to:

G. To the maximum extent permitted by law, Company will not be liable for any misuse, unauthorized disclosure, or other wrongful conduct by Users in connection with shared Contact Information, except where such liability arises from Company’s own failure to comply with applicable law or from Company’s gross negligence or willful misconduct. While Company may implement technical measures (such as rate limiting, spam detection, or abuse reporting mechanisms) designed to reduce platform misuse, such measures do not relieve you of your own legal obligations. 

H. When you share Contact Information or Events with another User:

1. You act as a data controller (or equivalent under applicable law) deciding what data to share, with whom, and for what purposes.
2. The receiving User acts as a separate data controller for their subsequent use of such information.
3. Company generally acts as a processor or service provider processing such data at your direction, subject to any separate data processing agreement and any applicable mandatory obligations under data protection law.

I. You may at any time update your sharing preferences or disable sharing for particular Events or Users through the App settings:

1. When you revoke sharing permissions with respect to a Sharing User, Company will:

2. Revocation of sharing permissions may not:

J. Disputes Arising From User-to-User Sharing. In the event a Contact or data subject objects to your use or sharing of their Contact Information or brings a claim arising from such sharing:

1. You are primarily responsible for communicating with that individual and resolving the dispute, including honoring any lawful requests to cease processing or to delete their data where required by law.

2. You agree to indemnify and hold Company harmless from claims arising from your failure to comply with data protection or privacy laws in connection with your use of the Sharing Feature, except to the extent Company is directly responsible for a violation of applicable law.

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8. Messaging Services: Email and Text Message Functionality 

A. User-Initiated Messaging. The Messaging Services enable you to compose and send communications (including emails and SMS messages) to Contacts and Sharing Users in connection with Events. You acknowledge and agree that:

1. All messages you send via the App are initiated by you or sent at your express direction.
2. Company does not author, edit, or control the content of your messages, and you remain solely responsible for the substance, tone, and legality of the content you transmit.
3. Company functions as a technical intermediary that routes messages through email or SMS service providers or your device’s default messaging applications.

B. Compliance With Telemarketing and Communication Laws. You are responsible for ensuring that your use of the Messaging Services complies with all applicable laws, regulations, and industry codes regarding communications, marketing, and privacy, including without limitation:

1. The Telephone Consumer Protection Act (TCPA) and its implementing regulations, including rules concerning prior express consent and prior express written consent for certain types of SMS or autodialed calls.
2. The Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, including requirements regarding headers, subject lines, identification of commercial messages, and opt-out mechanisms.
3. Applicable state telemarketing and consumer protection laws, including, where relevant, the laws of California, New York, Texas, and any other jurisdiction from which you send or to which you direct communications.
4. Any applicable international laws governing electronic communications, such as anti-spam or e-privacy regulations, including Canada’s Anti-Spam Legislation (CASL) and GDPR rules regarding direct marketing and the right to object.

C. Recipient Consent; Documentation. You expressly represent, warrant, and agree that:

1. For each email or SMS message you send via the Messaging Services, you have obtained from the recipient all consents required by applicable law to send such messages, including, where applicable (and notwithstanding your agreement above that will you only use the App and its services for personal use and not for commercial use):

2. You will maintain contemporaneous records of recipient consents (for example, sign-up forms, logs of opt-ins, or written authorizations) and will provide such records to Company upon reasonable request in connection with an investigation of alleged unlawful messaging or platform abuse.
3. You will clearly identify yourself (or your business, if applicable) as the sender in each message and will not misrepresent your identity, affiliation, or the purpose of the message.
4. You will respect and promptly implement any opt-out, unsubscribe, or “do not contact” request made by a recipient, and you will not send further messages to that recipient through the App or otherwise in violation of law.

D. Because messaging laws may vary significantly by jurisdiction, 

1. you acknowledge that:

2. you agree to:

E. Opt-Out and Unsubscribe Mechanisms. To support legal compliance and user choice:

1. For email messages:

2. For SMS messages:

F. Company’s Oversight and Reserved Rights Regarding Messages. Without limiting your primary responsibility:

1. Company may, but is not obligated to, implement automated or manual monitoring measures to detect patterns of misuse (such as high-volume unsolicited messaging or user complaints).
2. Company reserves the right, at its discretion and without notice where legally permissible, to:

G. Disclaimer of Responsibility for Message Content and Delivery. Subject to any non-waivable obligations under applicable law:

1. You acknowledge that messages may be transmitted through networks and services outside Company’s control and may be subject to delays, blocking, or modification by third-party carriers, email providers, or spam filters.
2. Company does not guarantee:

3. Company is not responsible or liable for:

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9. Acceptable Use and Prohibited Conduct

A. Acceptable Use. You agree to use the App and Services only for lawful, personal, and legitimate purposes, consistent with these Terms and all applicable laws and regulations.

B. Prohibited Conduct. Without limiting the generality of the foregoing, you agree that you will not:

i. Use the App or Services in any way that:

ii. Import, store, share, or otherwise process Contact Information:

iii. Use the App to harass, stalk, intimidate, or otherwise harm any person, or to send threatening, abusive, defamatory, or otherwise objectionable messages.

iv. Use the Sharing Feature or Messaging Services to send unsolicited bulk messages, spam, or promotional communications in violation of applicable laws or these Terms.

v. Interfere with or disrupt the operation of the App or Services, including by:

vi. Use any automated means (such as bots, scrapers, or crawlers) to access or interact with the App, except as expressly authorized by Company in writing.

vii. Misrepresent your identity, impersonate another person or entity, or otherwise mislead others as to your affiliation or the origin of your communications.

C. Enforcement. Company may, at its discretion and without obligation:

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9. 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.

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10. Liability

A. The Licensor’s liability is limited to intent and gross negligence.

B. In cases of minor negligence, liability applies only to essential contractual duties and is limited to foreseeable damages.

C. This limitation does not apply to damages to life, health, or safety.

D. The Licensor is not responsible for data loss or third-party platform changes that reduce the Application’s functionality.

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11. Warranty

A. The Licensor warrants that to the best of its knowledge the Application is free from viruses, malware, or similar defects at download and functions as described.

B. No warranty applies if the Application is modified, misused, or combined with incompatible hardware or software.

C. You must report defects within 90 days of discovery.

D. The Licensor may remedy defects by repair or replacement.

E. If the Application fails to meet warranty standards, you may request a refund through the App Store.

F. For business users, claims expire after 12 months from the date of availability.

G. The App and Services are provided on an “as is,” “as available,” and “with all faults” basis. Company does not make and expressly disclaims any and all warranties, representations, or conditions of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement. You are responsible for independently verifying important dates, Events, and Contact Information, and for maintaining your own backup mechanisms for critical reminders.

H. Without limiting the foregoing, Company does not warrant that:

1. The App or Services will be uninterrupted, timely, secure, or error-free.
2. Reminders or notifications will be delivered at specific times, in all circumstances, or without delay or loss.
3. The data, information, or content provided or generated by the App (including Event reminders or Contact Information) will be accurate, complete, or reliable.

I. With regard to third parties, 

1. Company does not warrant:

2. The App may be made available for download from third-party platforms, such as Apple App Store or Google Play Store, which have their own terms and conditions and privacy policies that govern your use of those platforms. You acknowledge that:

3. The App may enable or rely on integrations with:

4. Company is not responsible for:

5. Any reference to or integration with a third-party service does not constitute an endorsement or recommendation by Company. You are responsible for reviewing and agreeing to any third-party terms and conditions applicable to such services.

6. 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.

J. Some jurisdictions’ consumer laws do not allow the exclusion of certain warranties or conditions. To the extent such laws apply to you, some or all of the above disclaimers may not apply, and you may have additional rights that cannot be waived.

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12. Product Claims, Liability Limitations, Indemnification

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 

A. Limitation of Liability

B. Indemnification

i. Your Indemnity Obligations. To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Company, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

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13. Legal Compliance and Privacy Laws

A. 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.

B. Privacy Laws 

i. United States State Privacy Laws. For Users and data subjects located in certain U.S. states, additional rights and obligations may apply under state privacy laws, including but not limited to the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA), the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA), the Connecticut Data Privacy Act (CTDPA), the Utah Consumer Privacy Act (UCPA), and similar laws as they come into effect.

1. Business or Service Provider/Processor Role. Depending on the circumstances and nature of processing, Company may act as:

2. Notice and Disclosure. Company will provide notices of its data practices consistent with state law requirements, including:

3. Consumer Rights. Subject to applicable exceptions and verification procedures, residents of certain states may have rights to:

4. Opt-Out of Sale or Sharing. Company does not sell personal information for monetary consideration. If Company engages in data “sharing” or other practices that may be considered a sale under applicable state law, Company will provide appropriate opt-out mechanisms and honor such opt-out choices in accordance with applicable law.

5. State-Specific Notices. Additional state-specific notices or disclosures may be provided in the Privacy Policy or separate addenda, which are incorporated into these Terms by reference.

ii. GDPR and EEA/UK Data Protection Laws. For Users and data subjects located in the European Union, European Economic Area, or the United Kingdom, Company will comply with GDPR, the United Kingdom GDPR, and related national laws as applicable.

1. Lawful Bases for Processing. Company may process personal data under one or more of the following lawful bases:

2. Data Subject Rights. Data subjects under GDPR may have rights to:

3. International Transfers. If personal data is transferred from the EEA/UK to a country not deemed to provide an adequate level of protection:

4. Data Protection Officer and Supervisory Authority. Where required by law:

5. Data Processing Agreements and Processor Terms.

iii. Conflicts and Interpretation. In the event of any conflict between these Terms and mandatory provisions of applicable privacy or data protection law:

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14. 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: support@bdayelf.com

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15. 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.

Company’s Right to Suspend or Terminate. Company may, at its discretion and to the extent permitted by law:

A. Suspend or terminate your Account or access to the App, with or without notice, if:

1. You materially breach these Terms or repeatedly breach them.
2. Company reasonably believes that your use of the App poses a security risk, violates applicable law, or infringes on the rights of others.
3. Company ceases providing the App or Services, in whole or in part.

B. Effect of Termination. Upon termination of your Account for any reason, your right to access and use the App and Services will immediately cease.

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16. 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.

A. Ownership of the App and Services. As between you and Company:

1. Company and its licensors own all rights, title, and interest in and to the App and Services, including all software, source code, interfaces, graphics, design, text, logos, trademarks, service marks, trade names, trade dress, compilations, and other materials, as well as all associated intellectual property rights, whether registered or unregistered.
2. Your use of the App does not grant you any ownership interest in the App or any of Company’s intellectual property.

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17. Applicable Law

Except to the extent that applicable law in your jurisdiction requires otherwise, these Terms, this License Agreement, and any dispute arising out of or relating to them or your use of the App are governed by and construed in accordance with the laws of the State of Utah, excluding its conflict of law principles.

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18. Dispute Resolution, Arbitration, and Class Action Waiver

Before initiating formal legal proceedings, you agree to attempt to resolve any dispute, claim, or controversy with Company informally by contacting Company at support@bdayelf.com and providing a brief written description of the dispute. Company will attempt to resolve the dispute in good faith within a reasonable period.

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. Where permitted by applicable law, claims will be resolved by binding arbitration, rather than in court, and on a basis for each individual claimant only. The arbitrator shall have no authority to consolidate claims of multiple persons or to otherwise preside over any form of representative or class proceeding. You and Company each waive any right to a jury trial.

If mandatory law in your jurisdiction prevents the enforcement of arbitration or class action waivers, the affected provisions shall be modified or severed to the minimum extent necessary so that the remainder of these Terms remains enforceable. More broadly, if any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or other authority of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. Invalid provisions will be replaced by valid ones with similar intent.

Nothing in this Section prevents either party from seeking provisional or interim injunctive relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property or confidentiality rights.

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19. Miscellaneous

Changes to Terms. Company may modify these Terms from time to time to reflect changes in the App, Services, legal requirements, or business practices.

1. All amendments or changes to this Agreement must be in writing.

2. When changes are made, Company will update the “Last Updated” date at the top of these Terms and may provide additional notice, such as an in-app notification or email.

3. Your continued use of the App after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the App and, where applicable, delete your Account.

Entire Agreement. These Terms, together with the Privacy Policy and any applicable addenda, constitute the entire agreement between you and Company regarding your use of the App and Services and supersede all prior or contemporaneous understandings, agreements, or communications, whether written or oral.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or other authority of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

No Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign, transfer, or delegate any rights or obligations under these Terms without Company’s prior written consent. Company may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets.

Independent Contractors. The relationship between you and Company is that of independent contracting parties. Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, or employer-employee relationship.

Force Majeure. Company shall not be liable for any delay or failure to perform its obligations under these Terms to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, power outages, or failures of telecommunications or data networks.

Language. These Terms and/or Privacy Policy may be provided in multiple languages for convenience. In the event of any inconsistency or conflict between versions, the English-language version shall govern to the extent permitted by law.

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All rights not expressly granted are reserved by Birthday Elf LLC.

U.S. Patent No. 12,101,289 
U.S. Trademark Application Serial No. 90325267
Copyright 2021 @ Birthday Elf |Privacy Notice