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 18 below.
BirthnDay is currently operating in a beta-testing mode. During the beta period:
the functionality, design, and logic of how cards/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.
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 cards/profiles and upload materials;
users can plan personal events, use Platform tools to search, compare, and organize options, view service provider cards, 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.
Such formats do not mean that BirthnDay acts as an agent, representative, or intermediary for any service provider.
BirthnDay is not:
a marketplace, broker, agency, or commission-based aggregator;
a party to any transactions between users;
a service that accepts or processes payments for service providers’ services on the site;
a guarantor of quality, results, timing, or safety.
The Platform is intended for users who are:
18 years of age or older, or
have reached the age of majority and/or the applicable digital consent age in their jurisdiction,
whichever is higher where required by law.
If you appear on the Platform as a service provider/partner, you are responsible for:
the accuracy of descriptions of your services/products, prices/ranges, terms, and availability;
the lawfulness of your claims (including licenses/certifications — only if you in fact hold them);
compliance with third-party rights (including copyrights, trademarks, and rights of publicity).
Any information about prices, rates, or service costs displayed on the Platform or published by BirthnDay in promotional materials is informational 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 the prices shown and the actual prices charged by service providers.
The Platform may provide infrastructure for communication (such as contact buttons, inquiry forms, chat/messages, 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 may offer participation in beta programs on a paid or free basis (for example, by invitation or under specific terms).
Important:
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 example, a fee for participation or placement), it is made via a third-party payment service through a payment link or invoice.
Any such payment relates to participation/placement (if so stated) and is not a payment by a client for a service provider’s services through BirthnDay.
By providing BirthnDay with any materials/documents for display on the showcase (including, without limitation: photos, videos, texts, logos, links, portfolios, price lists, service descriptions, media files, and other materials), including via forms/questionnaires/email/cloud links, you confirm that:
you own the rights to such materials or have a lawful right to provide them for public use;
if photos/videos include people (including minors), you have the necessary permissions for publication and marketing use 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 and formatting your profile/card on the website;
using them in collections and recommendations;
using them in BirthnDay social media and email communications;
using them in BirthnDay advertising and promotional materials (including mockups/creatives) where the showcase and/or you as a service provider are promoted.
You understand and agree that:
such use does not involve separate compensation for each specific use of a particular material (if there is any payment, it relates to participation/placement, not to a license for each individual file);
you will not request detailed reporting from BirthnDay on each individual marketing campaign in which your materials may be used;
we will use materials appropriately: we will not misrepresent your services, will not impersonate you, and will not use your materials in contexts that would reasonably be expected to harm your reputation.
The use of materials in collections, recommendations, advertising, and promotional content by BirthnDay does not constitute an endorsement, verification, or guarantee of quality of services by the Platform.
Users of the Platform may save, add, and display materials posted by other users or service providers on the Platform as part of user collections, lists, wishlists, and other formats enabled by the Platform’s functionality. Such use:
is limited to within the Platform,
does not transfer ownership or any broader rights to the materials, and
does not constitute an endorsement, recommendation, or guarantee by BirthnDay.
Users may share links to profiles, collections, or Platform pages. Independent copying, redistribution, or use of materials outside the Platform is permitted only with separate consent from the rights holder.
If you do not agree with this, please do not submit materials and contact us directly.
During the beta period, we may request additional photos/videos or profile clarifications to keep the showcase up to date and to support promotional formats.
You may decline to provide such materials. However, in that case, we may limit promotional use of your profile or delay updates to your card.
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;
infringe intellectual property rights;
send spam or use bots/scrapers/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 work/portfolios, forged licenses/certificates;
misleads others about your experience, results, pricing, or terms;
contains AI-generated or AI-modified images/videos/texts without clear disclosure, where this could reasonably create the impression that such content depicts real work performed by you or real footage of your events.
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/content and request verification (for example, proof of rights to materials) if we receive a complaint or have a reasonable suspicion of fraud, misrepresentation, or other violations.
A user may request removal of specific materials from promotional use by contacting us through the Platform’s contact channels. We will make reasonable efforts to process such requests, subject to technical and legal constraints (for example, backups or legal retention obligations).
The Platform’s infrastructure, design, interface, Platform 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 to use them as described in Section 7.
The Service is provided “as is” and “as available.”
To the maximum 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.
To the maximum extent permitted by law, BirthnDay is not liable for:
acts or omissions of users or service providers;
the quality, safety, legality, or results of services or products offered via the showcase;
any indirect, incidental, consequential, special, or punitive damages, or lost profits arising out of or related to your use of the Service.
If liability cannot be fully excluded under applicable law, it will be limited to:
the total amount actually paid by you to BirthnDay for participation/placement during the 12 months preceding the event giving rise to the claim (if applicable), or
the minimum amount required by law,
whichever is greater where applicable law so requires.
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.
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:
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.
These Terms are governed by and construed in accordance with 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, any disputes arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of such courts.
Platform operator: ALMAKK INC, a California corporation, doing business as BirthnDay.
By using the BirthnDay Service, you confirm that you have read, understood, and accept these Terms of Use.
