BirthnDay Platform

Disclaimer & Limitation of Liability

1. Platform Role

BirthnDay ("BirthnDay," "we," "us," or "our") operates a software platform that provides tools for users to create, showcase, organize, and communicate regarding services, events, and related content (the "Platform").

BirthnDay acts solely as a technology provider and does not act as an agent, broker, marketplace operator, or representative of any user. BirthnDay does not provide, own, control, or manage any services or vendor offerings listed on the Platform.

2. No Participation in Transactions

All interactions, agreements, bookings, and transactions between users are solely between the users involved.

BirthnDay is not a party to any agreement between users and does not assume responsibility for any interactions or transactions between users.

3. No Endorsement or Verification

BirthnDay does not endorse, recommend, verify, or guarantee any:

• users
• vendors
• services
• listings
• content

All information, including descriptions, pricing, and images, is provided by users and is not reviewed or verified by BirthnDay.

4. User Responsibility

Users are solely responsible for:

• evaluating the accuracy and reliability of information;
• determining the suitability of any service or vendor;
• conducting their own due diligence before engaging with other users.

BirthnDay does not provide professional, legal, or financial advice.

5. Assumption of Risk

You acknowledge that using the Platform and interacting with other users involves inherent risks, including:

• financial loss;
• fraud or misrepresentation;
• unsatisfactory or incomplete services.

You assume full responsibility for these risks.

6. No Guarantee of Services

BirthnDay makes no representations or warranties regarding:

• the quality, reliability, or legality of any services;
• the accuracy or completeness of user-provided content;
• the outcome of any interaction or transaction.

All services are provided by users "as is."

7. Platform Functionality Only

The Platform may provide communication tools such as messaging and inquiry forms.

BirthnDay does not supervise, control, or monitor user interactions and does not guarantee the performance of any services.

BirthnDay does not control the content of listings or user submissions.

8. Limitation of Liability

To the fullest extent permitted by California law, BirthnDay shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising out of or relating to, whether based on warranty, contract, tort (including negligence), or any other legal theory:

• use of the Platform;
• interactions between users;
• reliance on any content.

BirthnDay's total liability shall not exceed the greater of:

(a) one hundred U.S. dollars ($100.00), or (b) the total amount paid by you to BirthnDay in the twelve (12) months preceding the event giving rise to the claim.

9. Release of Claims

To the fullest extent permitted by applicable law, you release BirthnDay from any claims, demands, or damages arising out of or related to disputes between users or between a user and a third party.

This release does not apply to claims arising from BirthnDay's own gross negligence or willful misconduct.

10. Sponsored and Promotional Content

From time to time, the Platform may include sponsored or promoted content. Where applicable, such content will be clearly identified (e.g., labeled "Sponsored" or "Featured") in accordance with applicable laws, including Federal Trade Commission (FTC) guidelines.

11. Relationship of the Parties

Nothing in this Disclaimer creates any partnership, joint venture, employment, or fiduciary relationship between BirthnDay and any user.

12. Incorporation into Terms

This Disclaimer forms an integral part of the BirthnDay Terms of Use. By using the Platform, you agree to this Disclaimer, the Terms of Use, and the Privacy Policy.

For questions, contact us at: info@birthnday.com