Terms of Use
These Terms of Use (“Terms”) govern your access to and use of the Remember My Birthday iOS application and related websites and companion services (collectively, the “Service”). By downloading, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. The Service
Remember My Birthday helps you track birthdays, schedule reminders, draft messages, and optionally receive email notifications and companion suggestions. Features may change over time. Some features require device permissions (Contacts, Calendar, Notifications, Microphone/Speech) or network access.
2. Eligibility
You must be at least 13 years old (or the minimum digital-consent age in your country) to use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization.
3. Accounts and Sign in with Apple
You may use the App with Sign in with Apple or continue without an account on a single device. You are responsible for activity under your Apple ID and for keeping your device secure. You may delete local account data using in-App controls as described in our Privacy Policy.
4. Your content and responsibilities
- You retain rights to the names, notes, drafts, and other content you enter (“Your Content”).
- You grant us a limited license to process Your Content solely to operate the Service you request (e.g. storing on device / iCloud sync you enable, sending emails you enable, generating an enhance response you request).
- You represent that you have the right to provide any contact or calendar information you import and that your use complies with applicable law and other people’s rights.
- Do not misuse the Service (including attempting to disrupt servers, reverse engineer except where permitted by law, or use the Service for unlawful harassment or spam).
5. Messages and communications
The App can help you prepare messages and open Apple Messages or related system share sheets. We do not silently send iMessage/SMS on your behalf. You are solely responsible for messages you send, scheduled notifications you allow, and emails you enable.
Transactional emails (welcome, sign-in confirmation, birthday reminders) may be sent when you enable those features and provide an email address. You can disable email categories in Settings.
6. Companion tips / enhance
Optional companion features may generate suggestions using on-device models and/or our servers. Outputs may be inaccurate or incomplete. You should review drafts and gift ideas before acting on them. Companion features are provided “as is” and may be rate-limited or unavailable.
7. Intellectual property
The Service, including its design, trademarks, and software (excluding Your Content and third-party components), is owned by us or our licensors. These Terms do not grant you ownership rights beyond a personal, non-exclusive, non-transferable license to use the App as permitted by the App Store Terms and these Terms.
8. App Store; Apple as third-party beneficiary
If you download the App from the Apple App Store, you acknowledge that these Terms are between you and us, not Apple. Apple has no obligation to furnish maintenance or support. To the maximum extent permitted by law, Apple has no warranty obligation for the App. Apple is not responsible for addressing claims relating to the App or your possession/use of it, including product liability, legal compliance, or consumer protection claims. In the event of a third-party claim that the App infringes intellectual property rights, we—not Apple—are responsible for investigation, defense, settlement, and discharge as required. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Your use must also comply with the Apple Media Services Terms and any applicable Usage Rules.
9. Privacy
Our Privacy Policy explains how we handle personal information. By using the Service, you also acknowledge that Policy.
10. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT REMINDERS, NOTIFICATIONS, EMAILS, OR SUGGESTIONS WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. YOU ARE RESPONSIBLE FOR VERIFYING IMPORTANT DATES AND COMMUNICATIONS.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM OR (B) USD $50. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, OUR LIABILITY IS LIMITED TO THE MAXIMUM PERMITTED.
12. Indemnity
You agree to defend, indemnify, and hold harmless us and our affiliates, officers, and agents from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your misuse of the Service, Your Content, or your violation of these Terms or applicable law.
13. Termination
You may stop using the Service at any time and may delete local data in Settings or by deleting the App. We may suspend or stop providing features (including companion/email servers) with or without notice if necessary for security, legal, or operational reasons. Sections that by nature should survive (including ownership, disclaimers, limitations, and indemnity) will survive termination.
14. Changes to the Service or Terms
We may update the Service and these Terms. We will update the date above and may provide in-App or website notice for material changes. Continued use after changes become effective constitutes acceptance.
15. Governing law
Except where prohibited, these Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules, and subject to any mandatory consumer protections in your place of residence. Courts in that jurisdiction may hear disputes, without limiting any rights you have to bring claims in your home country when required by law.
16. Contact
Questions about these Terms:
hello@remembermybirthday.me