BirthnDay Platform Terms of Use (Beta)

Effective Date: December 23, 2025

Welcome to BirthnDay (the "Platform" or "Service"). These Terms of Use ("Terms") govern your access to and use of the BirthnDay website, directory/showcase, forms/questionnaires, content, and related features.

The terms "BirthnDay," "we," "us," and "our" refer to the Platform operator identified in Section 20 below.

1. Beta Version Notice

BirthnDay is currently operating in beta-testing mode. During the beta period:

• the functionality, design, and logic of how cards and collections are displayed may change;
• certain features may be limited or temporarily unavailable;
• the Service is provided "as is" and "as available."

The BirthnDay Service in its beta version is not intended for use in situations where errors, interruptions, or temporary unavailability could lead to significant damage, safety risks, or other critical consequences.

2. What BirthnDay Is - and Is Not

BirthnDay is an online showcase and directory of service providers for celebrations and events (for example: planners, decor, photo/video, venues, gifts, etc.), as well as event planning software, where:

• service providers can create public profiles and upload materials;
• users can plan personal events, search, compare, and organize options, view service provider profiles, and contact them using the information provided.

Collections, showcases, recommendations, and other display formats on the Platform are informational and experimental in nature. They do not constitute an endorsement, guarantee of quality or results, or a recommendation by BirthnDay.

BirthnDay does not operate as a transactional marketplace and does not facilitate or process transactions between users. BirthnDay does not act as an agent, partner, or representative of any user. BirthnDay is not:

• a broker, agency, or commission-based aggregator;
• a party to any transactions between users;
• a service that accepts or processes payments for service providers' services;
• a guarantor of quality, results, timing, or safety.

3. No Endorsement or Verification

BirthnDay does not endorse, recommend, or guarantee any users, vendors, services, or listings on the Platform.

All information, including descriptions, pricing, images, and representations, is submitted by users and is not reviewed, screened, or verified by BirthnDay. Users are solely responsible for evaluating the accuracy and suitability of any vendor or service before engaging.

4. Age and Access

The Platform is intended for users 18 years of age or older. By using the Platform, you confirm that you meet this requirement.

5. Profiles and Responsibility for Information

If you appear on the Platform as a service provider, you are responsible for:

• the accuracy of descriptions of your services, prices, terms, and availability;
• the lawfulness of your claims (including licenses and certifications — only if you in fact hold them);
• compliance with third-party rights, including copyrights, trademarks, and rights of publicity.

Any pricing information displayed on the Platform is informational only and is provided by service providers. Such information does not constitute an offer to enter into a contract, does not guarantee accuracy or final pricing, and does not mean that BirthnDay sets, confirms, or offers those prices.

Final terms, including the scope and cost of services, are agreed directly between the user and the service provider off the Platform. BirthnDay is not responsible for any differences between prices shown and actual prices charged.

6. Communications and Transactions Between Users

The Platform may provide infrastructure for communication (such as contact buttons, inquiry forms, and messaging, where available).

All agreements regarding terms, timing, prices, payment, performance, and responsibility arise directly between users. BirthnDay does not participate in negotiations and does not act as an intermediary.

7. Payments and Third-Party Payment Services

BirthnDay may offer participation in beta programs on a paid or free basis.

• At this time, BirthnDay does not accept payments directly on the site and does not process payment card data on the Platform. This may change in the future.
• If a payment is required for participation or placement, it is made via a third-party payment service through a payment link or invoice.
• Any such payment relates to platform participation only and is not a payment for a service provider's services through BirthnDay.

8. Content and Consent to Use in Marketing

By providing BirthnDay with any materials for display on the showcase (including photos, videos, texts, logos, links, portfolios, price lists, service descriptions, and other materials), you confirm that:

• you own the rights to such materials or have a lawful right to provide them for public use;
• if photos or videos include people (including minors), you have the necessary permissions from those individuals or their legal representatives;
• you grant BirthnDay a non-exclusive, royalty-free, worldwide right to use such materials for operating the Platform and promoting BirthnDay, including publishing your profile, using them in collections and recommendations, and using them in BirthnDay social media, email communications, and promotional materials.

You understand and agree that such use does not involve separate compensation for each specific use. BirthnDay will not misrepresent your services, impersonate you, or use your materials in contexts that would reasonably harm your reputation.

Upon termination of your account, BirthnDay will cease active use of your materials in new promotional content, subject to reasonable technical constraints and materials already in circulation.

Users may save and display materials within Platform features (collections, wishlists). Such use is limited to within the Platform and does not transfer ownership rights or permit use outside the Platform without the rights holder's consent.

9. Additional Requests for Materials During Beta

During the beta period, we may request additional photos, videos, or profile clarifications. You may decline, but in that case we may limit promotional use of your profile or delay updates to your card.

10. Prohibited Conduct, Fake Content, and AI-Generated Content

You may not:

• violate any applicable laws or third-party rights;
• impersonate another person or entity, or otherwise mislead others;
• post illegal, harmful, or offensive content;
• harass, threaten, or intimidate other users;
• post content that is discriminatory or promotes hatred based on protected characteristics;
• infringe intellectual property rights;
• send spam or use bots, scrapers, or automated data collection tools;
• attempt to gain unauthorized access to systems or accounts.

You may also not upload or submit content that:

• includes fake case studies, testimonials, other people's portfolios, or forged licenses;
• misleads others about your experience, results, pricing, or terms;
• contains AI-generated or AI-modified content without clear disclosure, where this could reasonably create the impression that such content depicts real work performed by you.

BirthnDay is not responsible for verifying whether content is AI-generated. Responsibility for accurate disclosure rests solely with the user who submits the content.

11. Hiding and Removing Content

We are not obligated to pre-screen user content but may, at our discretion:

• hide, restrict, or remove content or a profile if it violates these Terms, third-party rights, or applicable law;
• temporarily hide a profile and request verification if we receive a complaint or have a reasonable suspicion of fraud or misrepresentation. Users may request removal of specific materials from promotional use by contacting us. We will make reasonable efforts to process such requests, subject to technical and legal constraints.

12. Platform Intellectual Property

The Platform's infrastructure, design, interface, texts, and the BirthnDay brand belong to the Platform operator or are used under valid licenses. You retain your rights to your own materials, while granting a license to BirthnDay as described in Section 8.

13. Disclaimer of Warranties

The Service is provided "as is" and "as available." To the fullest extent permitted by applicable law, we do not make any warranties, express or implied, including but not limited to:

• uninterrupted or error-free operation of the Service;
• that the Service will meet your expectations or business needs;
• any particular number of inquiries, bookings, or level of promotion.

14. Limitation of Liability

To the fullest extent permitted by applicable law, BirthnDay is not liable for:

• acts or omissions of users or service providers;
• the quality, safety, legality, or results of services offered via the Platform;
• any indirect, incidental, consequential, special, or punitive damages, or lost profits arising out of or relating to, whether based on warranty, contract, tort (including negligence), or any other legal theory, your use of the Service.

If liability cannot be fully excluded under applicable law, it will be limited to the greater of:

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

15. Privacy

The processing of personal data is described in our Privacy Policy, which is incorporated into and forms part of these Terms.

16. Changes to the Terms

We may update these Terms from time to time. The current version will be posted on the website with an updated effective date. For material changes, we will make reasonable efforts to notify users via email or a prominent notice on the Platform.

By continuing to use the Service after any changes take effect, you agree to the updated Terms.

17. Termination of Access

We may restrict or terminate your access to the Service at our sole discretion:

• if you violate these Terms, or
• as reasonably necessary to protect the Platform, our users, or third parties.

You may stop using the Service at any time. Termination does not affect rights and obligations that have already arisen prior to termination.

18. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except that either party may bring individual claims in small claims court. The arbitration shall take place in California, unless otherwise agreed by the parties.

CLASS ACTION WAIVER: You and BirthnDay agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

You may opt out of this arbitration agreement by emailing us within 30 days of first using the Service with the subject line "Arbitration Opt-Out." If you opt out, disputes will be subject to the governing law and jurisdiction provisions in Section 19.

19. Governing Law

These Terms are governed by the laws of the State of California, United States of America, without regard to its conflict-of-law principles.

To the extent permitted by law and subject to the arbitration agreement in Section 18, any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of such courts.

20. Operator and Contact Information

The Service is operated by BirthnDay.

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

These Terms constitute the entire agreement between you and BirthnDay regarding the Service and supersede any prior agreements or representations, whether written or oral, relating to the subject matter hereof.

By using the BirthnDay Service, you confirm that you have read, understood, and accept these Terms of Use.