BirthdayMate Terms of Service

Acceptance of Terms

By downloading, installing, or using BirthdayMate ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

Effective Date: January 4, 2026

Your use of the App is also subject to Apple's Media Services Terms and Conditions, available at apple.com/legal/internet-services/itunes.

Description of Service

BirthdayMate is a personal occasion tracking application that helps you remember birthdays, anniversaries, and other important dates. The App stores data locally on your device and optionally syncs with your personal iCloud account.

Use of the App

You agree to use BirthdayMate only for lawful purposes and in accordance with these Terms. You are responsible for all data you enter into the App.

Intellectual Property

BirthdayMate and its original content, features, and functionality are owned by David Phillips and are protected by international copyright, trademark, and other intellectual property laws.

Data and Privacy

Your data belongs to you. All information is stored locally on your device or in your personal iCloud account. We do not have access to your data. Please refer to our Privacy Policy for more details.

Disclaimer of Warranties

BirthdayMate is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components.

We are not responsible for:

Missed reminders due to device settings, software updates, or technical issues
Data loss due to device failure, accidental deletion, or iCloud issues
Any damages resulting from your use of the App

Limitation of Liability

To the fullest extent permitted by law, David Phillips shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, arising out of or relating to your use of the App.

Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless David Phillips from any claims, damages, losses, or expenses arising from your use of the App or violation of these Terms.

Changes to Terms

We reserve the right to modify these Terms at any time. Continued use of the App after any changes constitutes acceptance of the new Terms.

Termination and Discontinuation

We reserve the right to discontinue the App, remove it from sale, or cease providing updates at any time without prior notice. Your right to use the App terminates automatically if you violate any provision of these Terms.

Governing Law

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

Dispute Resolution

Any dispute arising from these Terms or your use of the App shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved informally, it shall be submitted to the courts of Australia. Nothing in this section prevents either party from seeking injunctive or other equitable relief from the courts for matters related to intellectual property or data security.

Apple App Store Terms

The following terms apply to your use of the App if downloaded from the Apple App Store:

These Terms are between you and David Phillips only, not with Apple Inc. ("Apple")
Apple has no obligation to furnish any maintenance or support services with respect to the App
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. Apple has no other warranty obligation with respect to the App
Apple is not responsible for addressing any claims by you or any third party relating to the App
Apple is a third-party beneficiary of these Terms and, upon your acceptance, Apple will have the right to enforce these Terms against you

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and Apple's Media Services Terms and Conditions, constitute the entire agreement between you and David Phillips regarding your use of the App and supersede all prior agreements and understandings.

Contact Us

If you have any questions about these Terms, please contact us at: