BirthnDayBirthnDayEffective Date: June 7, 2026
Last Updated: July 28, 2026
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 22 below.
BirthnDay is currently operating in beta-testing mode. During the beta period:
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.
BirthnDay is a discovery platform providing an online showcase and directory, as well as event planning software and media content, for service providers in celebrations and events (for example: planners, decor, photo/video, venues, gifts, etc.), where:
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 party to any agreement between users and service providers. BirthnDay does not verify or guarantee the quality of services. All profile information is provided by vendors. Consistent with this, BirthnDay is not:
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.
The Platform is intended for users 18 years of age or older. By using the Platform, you confirm that you meet this requirement.
If you appear on the Platform as a service provider, you are responsible for:
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.
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.
BirthnDay does not currently charge fees for use of the Platform’s core features, and does not accept payments directly on the site or process payment card data on the Platform.
If this changes in the future, updated terms will be posted as described in Section 18 (Changes to the Terms).
BirthnDay’s basic vendor listing is intended to remain free of charge, consistent with the Platform’s freemium model, as currently offered on the Platform.
These Terms, including this Section, may be updated from time to time, as described in Section 18 (Changes to the Terms).
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 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.
If BirthnDay assists in creating or formatting a vendor profile on behalf of a service provider, such content becomes the sole responsibility of the service provider upon their review and confirmation. Service providers are required to review all profile content and confirm its accuracy before publication. Confirmation may be provided via email reply, platform approval, or other written acknowledgment. Until confirmation is received, BirthnDay may delay publication of the profile.
10.1 What a Wishlist is. Users planning a personal celebration (“Family users”) may save vendor profiles and materials they are interested in to a personal Wishlist. By default, a Wishlist is private and visible only to the user who created it.
10.2 Making a Wishlist public. A user may choose to make a Wishlist public. A public Wishlist may be displayed within the Platform’s Inspiration section and may be made accessible via a shareable link, at the user’s discretion. The user controls the visibility of their Wishlist (public or private) at all times and may switch it back to private, or delete it, at any time.
10.3 Personal preference, not editorial endorsement. Public Wishlists and collections created by users reflect the personal preferences of individual users only. They do not represent BirthnDay’s editorial recommendations, endorsements, or rankings of any vendor or service. BirthnDay does not review, curate, or approve the content of user-created public Wishlists before they become visible to others, except as described in Section 13 (Hiding and Removing Content).
10.4 Vendor materials shown in a Wishlist. Photos, descriptions, pricing, and other materials displayed within a Wishlist originate from service providers’ profiles and are used under the non-exclusive license service providers grant to BirthnDay under Section 9. Including a vendor’s profile or materials in a Wishlist does not transfer any ownership or license rights in that content to the user, and does not create any endorsement, sponsorship, partnership, or agency relationship between the user and the vendor, or between BirthnDay and the vendor, on account of that inclusion alone.
10.5 Sharing a Wishlist. A user may share a link to their public Wishlist with others, including outside the Platform (for example, via messaging apps or social media). Sharing a link in this way is permitted. Downloading, copying, reposting, or otherwise reproducing vendor photos, videos, or other materials outside the Platform - separately from sharing a link to the Wishlist itself - is not permitted without the separate consent of the rights holder, and falls outside the license granted under Section 9.
10.6 On-platform use only for saved content. Saving a vendor’s materials to a Wishlist is a Platform feature for personal planning and discovery purposes only. It does not grant the user any right to use those materials outside the Platform, for commercial purposes, or in a way that suggests affiliation with, sponsorship by, or endorsement from the vendor or BirthnDay.
10.7 Responsibility for public Wishlist content. If a user adds their own text, titles, notes, or other original content to a public Wishlist, the user is responsible for that content, and it is subject to the same conduct standards as other user content under Section 12 (Prohibited Conduct, Fake Content, and AI-Generated Content).
10.8 Moderation. BirthnDay may hide, restrict, or remove a public Wishlist or Collection, or remove it from the Inspiration section, under the same terms described in Section 13 (Hiding and Removing Content) - including where it violates these Terms, misrepresents a vendor, or is the subject of a complaint.
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.
You may not:
You may also not upload or submit content that:
BirthnDay is not responsible for verifying whether content is AI-generated. Responsibility for accurate disclosure rests solely with the user who submits the content.
We are not obligated to pre-screen user content but may, at our discretion:
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.
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 9.
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:
BirthnDay is not liable for the actions of users or the results of services rendered through connections made on the platform.
To the fullest extent permitted by applicable law, BirthnDay is also not liable for:
If liability cannot be fully excluded under applicable law, it will be limited to one hundred U.S. dollars ($100.00).
The processing of personal data is described in our Privacy Policy, which is incorporated into and forms part of these 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.
We may restrict or terminate your access to the Service at our sole discretion:
You may stop using the Service at any time. Termination does not affect rights and obligations that have already arisen prior to termination.
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 21.
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 20, 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.
The Service is operated by ALMAKK INC, a California corporation, doing business as BirthnDay (“BirthnDay,” “we,” “us,” “our”), a business operating in the State of California, United States of America.
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.
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