Terms & Conditions

1. The Service

hbd helps you remember birthdays, import and manage birthday information, receive reminders, use widgets, and create, send, save, or share digital birthday cards and related content.

The Service is intended for personal, non-commercial use. You are responsible for the information you add to hbd and for using the Service in compliance with applicable laws and these Terms.

2. Eligibility and Accounts

You must be at least 13 years old to use the Service. You agree to provide accurate information and to keep your account secure. You are responsible for activity that occurs through your account.

We may suspend or terminate your access if we believe you violated these Terms, created risk for the Service or other users, or used the Service unlawfully.

3. License

Subject to these Terms, BZE grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Service on devices you own or control and as permitted by Apple's App Store rules and other applicable platform terms.

You may not copy, modify, distribute, sell, lease, reverse engineer, disassemble, decompile, or attempt to derive the source code of the Service, except where applicable law permits such restriction to be limited.

4. Apple App Store Terms

If you download hbd from the Apple App Store, you acknowledge that these Terms are between you and BZE, not Apple. BZE, not Apple, is solely responsible for the Service, its content, maintenance, support, warranties, and claims related to the Service, except as otherwise required by applicable law.

Apple has no obligation to furnish maintenance or support services for hbd. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you as a third-party beneficiary once you accept them.

If hbd fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app if required by Apple's applicable rules. To the maximum extent permitted by law, Apple has no other warranty obligation for hbd.

BZE, not Apple, is responsible for addressing claims relating to hbd or your possession and use of hbd, including product liability claims, claims that hbd fails to conform to legal or regulatory requirements, and claims arising under consumer protection, privacy, or similar laws.

You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.

5. Purchases and Subscriptions

hbd may offer paid features, subscriptions, or other purchases. Purchases made through the App Store are processed by Apple and are subject to Apple's payment, renewal, cancellation, and refund rules. Subscription features may renew automatically unless canceled through your App Store account settings before renewal.

We may change, add, or remove paid features, pricing, trials, or plans from time to time. If a paid feature requires an active entitlement, access may end when the purchase expires, is canceled, is refunded, or cannot be verified.

6. User Content

You may create, upload, import, send, save, or share content through the Service, including names, birthdays, notes, images, drawings, messages, cards, and related information ("User Content"). You keep ownership of your User Content.

You grant BZE a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, display, transmit, and use User Content as needed to provide, maintain, protect, and improve the Service.

You represent that you have the rights and permissions needed for the User Content you add to the Service. You may not add or share User Content that is unlawful, misleading, infringing, abusive, harassing, invasive of privacy, or otherwise harmful.

7. Acceptable Use

You agree not to:

• Use the Service for unlawful, harmful, fraudulent, or abusive activity.
• Harass, threaten, impersonate, or mislead another person.
• Interfere with, disrupt, or overload the Service.
• Attempt to access accounts, systems, or data without authorization.
• Use automated scraping, harvesting, or bulk extraction tools.
• Remove copyright, trademark, or other proprietary notices.
• Use the Service to send spam or unwanted messages.

8. Reminders, Texts, and Communications

hbd may send push notifications, text reminders, emails, or other service communications based on your settings and account activity. Message and data rates may apply for text messages. You can disable push notifications in device settings and text reminders in hbd settings where available.

9. Privacy

Our collection and use of information is described in our Privacy Policy at https://hbd.cool/privacy. By using the Service, you agree that we can collect and use information as described there.

10. Third-Party Services

The Service may depend on or link to third-party services, including Apple, Firebase, RevenueCat, Twilio, Facebook, payment processors, messaging providers, analytics providers, and websites or services used for sharing cards. We are not responsible for third-party services, and your use of them may be governed by their own terms and policies.

11. Intellectual Property

The Service, including its software, designs, branding, text, graphics, features, and other materials, is owned by BZE or its licensors and is protected by intellectual property laws. Except for the limited license granted above, these Terms do not grant you any rights in the Service.

If a third party claims that the Service infringes its intellectual property rights, BZE, not Apple, is responsible for the investigation, defense, settlement, and discharge of the claim.

12. Feedback

If you send us ideas, suggestions, or feedback, you grant BZE the right to use them without restriction or compensation to you.

13. Disclaimers

The Service is provided "as is" and "as available." To the fullest extent permitted by law, BZE disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not guarantee that the Service will be uninterrupted, secure, error-free, accurate, or available at all times. Birthday reminders, notifications, calendar events, text messages, and card links may be delayed, unavailable, or inaccurate.

14. Limitation of Liability

To the fullest extent permitted by law, BZE and its affiliates, officers, employees, contractors, agents, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or other intangible losses arising from or related to the Service or these Terms.

To the fullest extent permitted by law, BZE's total liability for all claims related to the Service or these Terms will not exceed the greater of the amount you paid to BZE for the Service in the 12 months before the claim or $100.

15. Indemnity

You agree to defend, indemnify, and hold harmless BZE and its affiliates, officers, employees, contractors, agents, and licensors from claims, damages, liabilities, losses, and expenses, including reasonable attorneys' fees, arising from your use of the Service, your User Content, or your violation of these Terms.

16. Termination

You may stop using the Service at any time. We may suspend or terminate the Service or your access to it at any time, with or without notice, if we believe it is appropriate to protect the Service, other users, BZE, or third parties. Sections that by their nature should survive termination will survive.

17. Changes to the Service or Terms

We may change the Service or these Terms from time to time. When we update these Terms, we will revise the date above and post the updated Terms on this page. Your continued use of the Service after an update means you accept the updated Terms.

18. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles, except where applicable law requires otherwise.

19. Contact Information

BZE, LLC
2261 Market St STE 86493
San Francisco, CA 94114
help@hbd.cool