Terms of use

Last updated: October 2026

This English version is provided for convenience. In case of doubt, theGerman version prevails.

1. Scope and provider

These terms govern the "Byrthday" app (iOS and Android) and the website byrthday.app. The provider is Silvio Lindstedt und Maik Gräfendorf GbR, Pappelweg 27, 39576 Stendal, Germany ([email protected], "we"). They apply to consumers. The terms of the app store you obtain the app from (Apple App Store or Google Play) apply in addition.

2. Service

Byrthday reminds you of birthdays, anniversaries and other occasions you add in the app and provides greeting texts to share: curated templates and AI-generated personal texts. The free tier includes all reminders and reminder modes, all templates and a limited number of AI texts (currently 5 per device). Byrthday Plus and ad banners in the free tier are not part of the current version; once we offer them, Byrthday Plus adds unlimited AI texts within the fair-use limit (section 5) and removes the ads (section 4).

3. Contract, no account

By installing and using the app you enter into a usage contract under these terms. Byrthday requires no user account. For AI texts and Byrthday Plus the app identifies your device through an anonymous access token or your store account (see theprivacy policy). You must be of legal age or have the consent of your legal guardian.

4. Byrthday Plus: subscription and one-time purchase

Byrthday Plus is available as a subscription (monthly or yearly) or as a one-time purchase ("lifetime"). The applicable prices, terms and any free trial are shown in the App Store or Google Play before you buy. Purchase, billing, renewal, cancellation and refunds are handled entirely by Apple or Google, with whom you conclude the payment contract; we receive no payment details.

• Subscription: the subscription renews automatically for the chosen period unless you cancel it at least 24 hours before the end of the current period. Your store account is charged within 24 hours before the period ends. You manage and cancel the subscription in the subscription settings of your Apple or Google account; cancellation takes effect at the end of the current period. Any unused portion of a free trial is forfeited when you purchase a subscription.
• One-time purchase (lifetime): the one-time purchase gives you Byrthday Plus without time limit for as long as we offer the app.
• Restore: after changing devices or reinstalling, restore your purchase with "Restore purchases" in the app using the same store account.
• Withdrawal and refunds: Apple's or Google's conditions apply to withdrawal and refunds. You agree that we unlock the features immediately; where this causes the right of withdrawal to lapse, the store informs you before the purchase.

5. AI texts and fair use

"Unlimited" means no noticeable limit for normal personal use. To prevent abuse and control costs, a fair-use limit applies per device and period (for example per minute, day and month). When the limit is reached, the app says so at the AI feature, and the AI feature is unavailable until the period ends; all other features keep working. A generation that fails technically is not counted against you.

6. AI texts are suggestions

AI-generated texts are produced automatically by a language model. They may be inaccurate, inappropriate or wrong. They are suggestions: review every text before you send it. You alone are responsible for the content of the messages you share or send. You may not use the AI feature to create unlawful, insulting or harassing content.

7. Reminders: no guarantee of delivery

Reminders are triggered as local notifications by your device. Whether and when they appear depends on your device: on its notification and focus settings, low-power mode, the operating system's restrictions on background activity, and on the app remaining installed and set up. We therefore cannot guarantee that every reminder is delivered or appears at the planned time. Byrthday is an aid to remembering, not a substitute for your own diligence.

8. Your obligations

When using Byrthday you agree

• not to use the app or our interfaces in an automated or abusive way or in a way that impairs the service or third parties,
• not to circumvent technical safeguards (such as quotas and rate limits),
• to process only data of people you have a personal relationship with and to respect their rights.

In case of violations we may restrict or block access to the AI feature.

9. Availability and changes

The reminder and template features work offline on your device. AI texts and Byrthday Plus require an internet connection and upstream services (our server, the AI provider, the stores). We aim for high availability but cannot guarantee uninterrupted availability, for example during maintenance or outages of these services. We may develop and adapt the app's features as long as its core benefit – reminders and greeting texts – is not materially impaired. If we discontinue the app or Byrthday Plus, we will inform you with reasonable notice in the app or on the website; prepaid subscription periods are refunded pro rata where the law provides for it.

10. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act. In case of slight negligence we are liable only for the breach of essential contractual obligations, limited to the foreseeable damage typical for this kind of contract. Any further liability is excluded. This applies in particular to damage arising from a reminder not appearing or appearing late (section 7) or from an AI text being inappropriate (section 6). For the free tier we are additionally liable only if we fraudulently concealed a defect.

11. Termination

You can stop using the app at any time by deleting it, which removes the data on your device. A running subscription does not end automatically: cancel it separately in the subscription settings of your store account (section 4). We may terminate the contract with four weeks' notice; the right to block access in case of violations (section 8) remains unaffected.

12. Changes to these terms

We may amend these terms when the law, the app or our offering changes. We will inform you of material changes in the app with reasonable notice before they take effect. If you do not object within the stated period or continue to use the app afterwards, the amended terms apply; we will point this out separately in the notice. Prices for Byrthday Plus change for running subscriptions only under the rules of the respective store.

13. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another country, the mandatory consumer protection provisions of that country remain unaffected. The European Commission provides a platform for online dispute resolution:ec.europa.eu/consumers/odr. We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board. Should any provision of these terms be invalid, the validity of the remaining provisions is not affected.