Terms of Service for Birday

Last updated: 3 August 2026

These Terms of Service and End User License Agreement ("Terms") are an agreement between you and Ogulcan Baskan ("Birday," "we," "us," or "our"), the developer of the Birday iOS app (the "App"). By downloading or using the App, you agree to these Terms. If you do not agree, do not use the App. Our Privacy Policy explains how we handle your information.

1. Eligibility

You must be at least 13 years old to use Birday. If you are under the age of majority where you live, you may use the App only with the consent of a parent or legal guardian, and any purchase must be made in accordance with the App Store's rules for your account.

2. License to Use the App

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions (which allow, for example, access through Family Sharing where applicable). The App is licensed to you, not sold. All rights in the App, including its design, code, logo, and trademarks, remain ours; your content remains yours (see Section 4).

3. Apple-Specific Terms

Because the App is distributed through the Apple App Store, the following terms apply:

• These Terms are between you and us only — not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content.
• We, not Apple, are solely responsible for any maintenance and support of the App. Apple has no obligation to provide any maintenance or support services for it.
• In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility.
• We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including (i) product liability claims, (ii) any claim that the App fails to conform to applicable legal or regulatory requirements, and (iii) claims under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of the claim.
• You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms when using the App (for example, your wireless data service agreement).
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

4. Your Content and Your Responsibilities

The people, dates, relationship labels, notes, and photos you add to Birday are yours. You grant us a limited license to host, store, process, and transmit that content solely to operate the App for you — for backup, sync, and reminders. We claim no other rights in it.

You are responsible for the content you add. You must have the right to add any information you enter, including information about other people, and you must not use the App to collect or use anyone's information unlawfully. If you sign in, you are responsible for keeping your sign-in credentials secure and for activity under your account.

5. Free Tier, Premium, and Purchases

Birday offers a free tier that includes up to 8 saved events. "Birday Premium" unlocks unlimited events and Premium features (such as email reminders) and is available as:

• Premium Yearly — an auto-renewable subscription at US$9.99 per year (local price and taxes may vary and are shown in the App Store before you buy); and
• Premium Lifetime — a one-time, non-consumable purchase at US$24.99, which provides Premium features for as long as we offer the App and its Premium features. "Lifetime" refers to the lifetime of the App, not a guarantee that the App will be offered indefinitely.

All purchases are made through Apple In-App Purchase and are governed by Apple's terms. For the yearly subscription:

• Payment is charged to your Apple Account at confirmation of purchase.
• The subscription automatically renews unless it is cancelled at least 24 hours before the end of the current period. Your Apple Account is charged for renewal within 24 hours prior to the end of the current period, at the then-current price.
• You can manage or cancel your subscription at any time in your App Store account settings (Settings → your name → Subscriptions) after purchase. Deleting the App does not cancel a subscription.
• Refunds are handled by Apple under Apple's policies; you can request one at reportaproblem.apple.com. We cannot issue refunds for purchases made through Apple.

We may change prices or the scope of the free tier and Premium prospectively; price changes to an existing subscription take effect only as permitted by Apple's rules, which include notice and, where required, your consent.

6. Acceptable Use

You agree not to: use the App for any unlawful purpose (including harassing or stalking anyone whose information you add); interfere with, overload, or disrupt the App or its infrastructure; attempt to gain unauthorized access to other users' data or our systems; copy, modify, distribute, sell, or lease any part of the App; or reverse engineer or decompile the App, except to the extent such a restriction is prohibited by applicable law.

7. Reminders Are Not Guaranteed

Reminders depend on your device, its settings (including notification permissions, Focus modes, and battery settings), your network connection, and third-party services. While we work to make Birday reliable, you should not rely on Birday as the only safeguard for any critical date or event.

8. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the App is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or secure, or that data loss will not occur. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

9. Limitation of Liability

To the maximum extent permitted by applicable law: (a) we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or missed events or reminders, arising out of or related to your use of (or inability to use) the App; and (b) our total liability for all claims relating to the App will not exceed the greater of the amount you paid us for the App in the 12 months before the claim arose or US$50. Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

10. Indemnification

You agree to indemnify and hold us harmless from claims, damages, and reasonable expenses (including attorneys' fees) arising out of your content, your violation of these Terms, your violation of applicable law, or your violation of the rights of any third party — including any claim by a person whose information you added to the App.

11. Termination

You may stop using the App at any time and may delete your account in the App's settings. We may suspend or terminate your access to the App if you materially breach these Terms or if we discontinue the App. Upon termination, your license ends; Sections 4 (as to responsibility for your content), 8, 9, 10, 12, and 13 survive.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. Before filing any claim, you agree to first contact us at [email protected] and give us 30 days to try to resolve the dispute informally. Either party may bring an individual claim in small claims court. Nothing in these Terms limits any non-waivable rights you have under the consumer protection laws of your state or country.

13. General

These Terms and the Privacy Policy are the entire agreement between you and us regarding the App. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a transfer of the App or our business. The App is a "commercial item" for U.S. Government end users and is licensed with only those rights granted to all other users under these Terms. If we provide a translation of these Terms, the English version controls to the extent permitted by law.

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as a notice in the App. Continuing to use Birday after updated Terms take effect means you accept them.

15. Contact

Questions or complaints about the App can be directed to:
Ogulcan Baskan
Email: [email protected]