Terms of Service

1. Acceptance of Terms

Cake: Birthday Reminders ("the App") is developed by BYSN Apps, operated by Alec Fradkin in Massachusetts, United States. By downloading, installing, accessing, or using the App, or by accessing the website at cake.bysnapps.com ("the Website"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App or the Website.

These Terms constitute a legally binding agreement between you and BYSN Apps. They apply to all users of the App, including any widgets, extensions, Siri integrations, and the Nearby Share feature, as well as all visitors to the Website.

These Terms should be read in conjunction with our Privacy Policy, which describes how data is handled on your device and through the Website.

1.1 Eligibility

You must be at least 13 years of age to use the App. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use the App with the consent of a parent or legal guardian who agrees to be bound by these Terms.

2. License Grant

2.1 Limited License

Subject to your compliance with these Terms, BYSN Apps grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on Apple devices that you own or control, solely for your personal, non-commercial purposes.

2.2 Restrictions

You may not:

• Copy, modify, distribute, sell, lease, sublicense, or create derivative works of the App.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices in the App.
• Use the App for any unlawful purpose or in violation of any applicable laws.
• Use the App in any manner that could damage, disable, overburden, or impair the App.
• Use automated scripts or bots to interact with the App.

3. Your Responsibilities

3.1 Data Accuracy

You are solely responsible for the accuracy, completeness, and currency of all birthday data, contact information, notes, and any other content you enter into or import into the App. BYSN Apps does not verify, validate, or guarantee the correctness of any data in the App.

3.2 Device Settings and Permissions

The App relies on iOS device settings and permissions (including Contacts, Notifications, Photos, Local Network, and Siri) that you control. You are solely responsible for:

• Granting or denying the appropriate permissions for your intended use.
• Maintaining your device's operating system and settings in a manner compatible with the App.
• Ensuring sufficient device storage for the App to function properly.
• Managing your own device backups to prevent data loss.

3.3 Third-Party Data

The App allows you to store personal information about other individuals (names, birthdays, phone numbers, photos, notes). By entering or importing such data, you represent and warrant that you have any consent or legal basis required under applicable law to store and use that information. You are solely responsible for complying with all applicable privacy and data-protection laws regarding other people's personal data.

3.4 Nearby Share

When using the Nearby Share feature, you are solely responsible for choosing which birthday data to share and for verifying the identity of the receiving device. BYSN Apps is not responsible for any data shared with unintended recipients.

3.5 User-Created Content

The App includes a card designer that allows you to create birthday cards using photos, text, and templates. You are solely responsible for all content you create. BYSN Apps has no obligation to review, monitor, or filter user-created content and assumes no liability for it.

3.6 Local-Only Data & Backups

All birthday data is stored exclusively on your device. The App does not use cloud sync, cloud backup, or any remote storage for your birthday data. BYSN Apps does not have access to your data and cannot recover it under any circumstances. If your device is lost, stolen, damaged, wiped, or replaced, your birthday data will be permanently and irrecoverably lost unless you have independently maintained a backup through Apple's device backup mechanisms.

4. Notification Disclaimer

THE APP PROVIDES BIRTHDAY REMINDER NOTIFICATIONS AS A CONVENIENCE FEATURE ONLY. BYSN APPS DOES NOT GUARANTEE THAT NOTIFICATIONS WILL BE DELIVERED, WILL BE DELIVERED ON TIME, OR WILL BE DELIVERED AT ALL.

Notification delivery depends on numerous factors outside BYSN Apps' control, including:

• iOS system limitations. Apple's iOS imposes a maximum of 64 scheduled local notifications per app.
• Device settings. Do Not Disturb, Focus modes, and notification permissions may suppress or delay notifications.
• System behavior. iOS may defer, throttle, or discard local notifications at its discretion.
• OS updates. iOS updates may clear pending notifications or change notification behavior.
• Background restrictions. iOS may terminate background processes, preventing the App from refreshing schedules.
• Device state. Restarts, low battery, or insufficient storage may affect delivery.

YOU ACKNOWLEDGE THAT THE APP IS NOT A SUBSTITUTE FOR YOUR OWN INDEPENDENT EFFORTS TO REMEMBER BIRTHDAYS. BYSN APPS SHALL HAVE NO LIABILITY FOR MISSED BIRTHDAYS, FORGOTTEN EVENTS, LATE GREETINGS, DAMAGED RELATIONSHIPS, OR ANY OTHER CONSEQUENCES RESULTING FROM MISSED, DELAYED, OR UNDELIVERED NOTIFICATIONS.

5. In-App Purchases

5.1 Payment Processing

The App offers optional cosmetic and feature unlocks via Apple's App Store. All payment processing is handled entirely by Apple. BYSN Apps does not collect, store, or process any payment information.

5.2 Refunds

All in-app purchases are governed by Apple's refund policies. Refund requests must be directed to Apple. BYSN Apps does not process refunds directly.

5.3 No Obligation of Continued Availability

BYSN Apps reserves the right to modify, discontinue, or change the pricing of any in-app purchase at any time. BYSN Apps does not guarantee that purchased features will remain available indefinitely. You acknowledge that in-app purchases are made with the understanding that access to unlocked features is not permanent and may cease at any time without notice or compensation.

5.4 No Refunds for Discontinued Features

In the event that the App is discontinued, removed from the App Store, or any purchased feature is modified or removed, BYSN Apps shall have no obligation to provide refunds, credits, alternative access, or any other form of compensation.

6. Intellectual Property

The App and the Website, including all content, features, functionality, design, graphics, trademarks, and code, are owned by BYSN Apps and are protected by United States and international copyright, trademark, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the App or the Website beyond the limited license in Section 2.

Birthday data, contact information, photos, and other content you enter into the App remain yours. BYSN Apps claims no ownership of your data.

7. Informational Content Disclaimer

The App displays various informational and entertainment content, including fun facts, planetary ages, astrology information, zodiac details, celebrity birthday twins, "this day in history" facts, birthstone information, numerology readings, birthday popularity rankings, estimated heartbeat and breath counts, and other calculated or curated data (collectively, "Informational Content").

ALL INFORMATIONAL CONTENT IS PROVIDED STRICTLY ON AN "AS IS" BASIS FOR ENTERTAINMENT AND GENERAL INFORMATIONAL PURPOSES ONLY. BYSN Apps makes no representations or warranties of any kind regarding the accuracy, completeness, reliability, or suitability of any Informational Content.

You expressly acknowledge that:

• Informational Content is not professional, medical, scientific, or other expert advice.
• Calculated values (heartbeat counts, breath counts, planetary ages, numerology) are approximations based on statistical averages.
• Astrology, zodiac, birthstone, and numerology content is provided for entertainment only.
• Historical facts and celebrity birthday information may be inaccurate or outdated.
• Birthday popularity rankings are derived from third-party sources that BYSN Apps does not verify.
• You assume all risk arising from your use of or reliance on any Informational Content.

8. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, OR QUIET ENJOYMENT.

BYSN Apps does not warrant that:

• The App will meet your requirements or expectations.
• The App will be uninterrupted, timely, secure, or error-free.
• Notifications or reminders will be delivered accurately or at all.
• Birthday data imported from Contacts or entered manually will be accurate.
• Data loss will not occur due to device damage, iOS updates, App updates, bugs, or deletion.
• The App will be compatible with future versions of iOS or Apple hardware.
• The Nearby Share feature will function without errors.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BYSN APPS, ALEC FRADKIN, THEIR AFFILIATES, OR LICENSORS BE LIABLE FOR ANY OF THE FOLLOWING ARISING FROM YOUR USE OF THE APP OR THE WEBSITE, REGARDLESS OF THE THEORY OF LIABILITY:

• Indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, data, goodwill, or other intangible losses.
• Damages resulting from missed, late, or undelivered birthday notifications.
• Damages resulting from forgotten birthdays or damaged personal relationships.
• Damages resulting from data loss, corruption, or unauthorized access.
• Damages resulting from iOS updates, device changes, or third-party software interactions.
• Damages resulting from the Nearby Share feature.
• Damages resulting from any interruption, suspension, or termination of the App.
• Damages resulting from loss of access to purchased features.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF BYSN APPS FOR ALL CLAIMS SHALL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID IN CONNECTION WITH THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIVE UNITED STATES DOLLARS (US $5.00), WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless BYSN Apps, Alec Fradkin, and their respective successors and assigns from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the App or the Website.
• Your violation of these Terms.
• Your violation of any rights of any third party.
• Any content or data you enter into the App.
• Any birthday data you share via the Nearby Share feature.

11. Termination & Discontinuation

These Terms are effective until terminated. Your rights under these Terms will terminate automatically without notice if you fail to comply with any of its provisions. You may terminate these Terms at any time by deleting the App from your devices and ceasing use of the Website.

11.1 Right to Discontinue

BYSN Apps reserves the right, at any time and without prior notice or liability, to modify, suspend, or permanently discontinue the App or the Website (or any part thereof), cease distributing updates, or remove the App from the App Store.

11.2 Survival

Upon termination, the following sections survive: 3.3, 3.5, 3.6, 4, 5.3, 5.4, 6, 7, 8, 9, 10, 12, and 14.

12. Governing Law & Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the App shall be resolved exclusively in the state or federal courts located in Massachusetts, and you consent to the personal jurisdiction of such courts.

12.3 Waiver of Class Action

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

12.4 Apple's Role

You acknowledge that these Terms are between you and BYSN Apps only, not with Apple. Apple has no obligation to furnish any maintenance or support services with respect to the App. Apple is a third-party beneficiary of these Terms and may enforce them against you.

13. Changes to These Terms

BYSN Apps reserves the right to modify these Terms at any time. The current version will always be available at this page with the "Last Updated" date above. Your continued use of the App or the Website after any changes constitutes acceptance of the revised Terms.

14. General Provisions

14.1 Severability

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

14.2 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and BYSN Apps regarding the App and the Website.

14.3 No Waiver

The failure of BYSN Apps to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without the prior written consent of BYSN Apps. BYSN Apps may assign its rights and obligations without restriction.

14.5 No Third-Party Beneficiaries

Except as expressly stated in Section 12.4 (Apple's Role), these Terms do not create any third-party beneficiary rights.

15. Contact

Questions about these Terms:
Email: support@bysnapps.com
Website: bysnapps.com