Terms of Service

Agreement

These Terms of Service (“Terms”) govern your use of Birthday Calendar + (“the App”) and this website at birthdaycalendarplus.com (together, the “Services”). The App is made by MobTouch (“we,” “us,” or “our”). By downloading, installing, or using the App, or by visiting this website, you agree to these Terms. If you do not agree, do not use the Services.

The App

Birthday Calendar + is a personal calendar utility for birthdays and anniversaries. The App stores your events and photos on your device by default. We do not require an account to use the core calendar features. Optional features—such as importing from Contacts, local reminders, iCloud backup, or in-app purchases—are described in the App and in our Privacy Policy.

License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on Apple devices you own or control, solely for personal, non-commercial use and in accordance with the App Store Terms of Service and Apple’s usage rules.

You may not:

• Copy, modify, or create derivative works of the App except as permitted by law
• Reverse engineer, decompile, or attempt to extract source code from the App
• Rent, lease, sell, sublicense, or redistribute the App
• Use the App in any way that violates applicable law or third-party rights

Your content and data

You are responsible for the information you enter into the App, including names, dates, notes, photos, and wishes. Because your calendar data is stored on your device (and optionally in backups you initiate), you are responsible for maintaining backups before device changes, OS updates, or reinstalling the App. We are not responsible for loss of data that was not backed up.

You represent that you have the right to use any content you add to the App, including contact details and photos of others, and that your use complies with applicable law.

In-app purchases

The App may offer optional paid features or consumable credits through Apple’s in-app purchase system. Prices, descriptions, and availability are shown in the App before you buy. All purchases are processed by Apple; we do not collect your payment card details. Refunds are handled under Apple’s policies. Restore purchases using the option in the App or your Apple ID settings where applicable.

Acceptable use

You agree not to misuse the Services. For example, you may not:

• Use the App to harass, spam, or send unlawful messages
• Attempt to interfere with or disrupt the App or related systems
• Access the Services through automated means except as we expressly allow
• Misrepresent your affiliation with MobTouch or Birthday Calendar +

Third-party services

The App may integrate with or link to third-party services (for example Apple Contacts, iCloud, the App Store, or messaging apps you use to send wishes). Your use of those services is governed by their own terms and policies. This website may be hosted by a third-party provider; see our Privacy Policy for how hosting logs are handled.

Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT REMINDERS WILL ALWAYS FIRE AT THE EXACT TIME YOU EXPECT, THOUGH WE WORK TO MAKE THE APP RELIABLE.

Some jurisdictions do not allow certain warranty disclaimers; in those cases, our disclaimers apply to the fullest extent permitted by law.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MOBTOUCH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP OR IN-APP PURCHASES IN THE TWELVE MONTHS BEFORE THE CLAIM, OR (B) FIFTY U.S. DOLLARS (USD $50).

Indemnity

You agree to indemnify and hold harmless MobTouch from claims, damages, and expenses (including reasonable legal fees) arising from your misuse of the Services, your content, or your violation of these Terms or applicable law.

Changes

We may update these Terms as the App and website evolve. The “Last updated” date at the top will change when we do. Material changes may also be noted in the App or on this page. Continued use of the Services after an update means you accept the revised Terms.

Termination

You may stop using the Services at any time by deleting the App. We may suspend or discontinue the App or these Terms where required by law or if you materially breach them. Sections that by their nature should survive (including disclaimers, limitations of liability, and indemnity) will survive termination.

Governing law

These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-law rules. Any dispute arising from these Terms or the Services will be brought in the state or federal courts located in California, and you consent to their jurisdiction, except where applicable law requires otherwise.

Contact

Questions about these Terms: birthdaycalendar@mobtouch.com. You can also visit our Support page.