Terms &
Conditions

Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of Birthdaywishi ("Service"), operated by Birthdaywishi ("we", "us", "our"). By registering an account or using any part of the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are using the Service on behalf of a company or organisation, you represent that you have authority to bind that entity to these Terms.

Description of Service

Birthdaywishi is a free web-based platform that helps HR managers and team administrators automate employee birthday and work anniversary celebrations through automated reminders and greeting card emails.

We reserve the right to modify, suspend, or discontinue the Service at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

Your Account

To use Birthdaywishi, you must register an account with a valid email address. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us immediately at hello@birthdaywishi.com of any unauthorised use
• Ensuring all account information remains accurate and up to date

You may not create accounts for others without their knowledge, share your login credentials, or use another person's account.

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service to send spam, unsolicited, or misleading communications
• Upload content that is unlawful, offensive, or infringes any third-party rights
• Attempt to gain unauthorised access to any part of the Service or its systems
• Reverse engineer, decompile, or extract source code from the Service
• Use the Service in a way that could damage, disable, or overburden our infrastructure
• Use automated tools to scrape or extract data from the Service
• Impersonate any person or misrepresent your affiliation with any organisation

Violation of these rules may result in immediate account suspension or termination.

Employee Data

You are the data controller for all employee information you add to Birthdaywishi. By adding employee data, you warrant that:

• You have obtained any necessary consent or have a legitimate legal basis for processing that data
• You have informed employees about the use of their data in accordance with applicable privacy laws
• The data is accurate and you have authority to use it in this way

We act as a data processor on your behalf. Our handling of employee data is governed by our Privacy Policy and any applicable data processing agreements.

Intellectual Property

The Birthdaywishi name, logo, platform, and all content created by us (including card designs, templates, and copy) are our intellectual property and protected by applicable copyright and trademark laws.

You retain ownership of any content you create using the Service (such as custom card messages). By using the Service, you grant us a limited licence to store and process that content solely to deliver the Service to you.

Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components. You use the Service at your own risk.

Limitation of Liability

To the maximum extent permitted by law, Birthdaywishi shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business interruption, arising from your use of or inability to use the Service.

Our total cumulative liability to you for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid us in the twelve months preceding the claim (which, as the Service is currently free, would be zero).

Termination

You may terminate your account at any time from your account settings. Upon termination, your access to the Service will cease and your data will be deleted within 30 days per our Privacy Policy.

We may suspend or terminate your account immediately and without notice if we reasonably believe you have violated these Terms or if continued provision of the Service to you creates legal or operational risk.

Governing Law

These Terms shall be governed by and construed in accordance with applicable law. Any disputes arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be subject to the exclusive jurisdiction of the courts of the applicable territory.

Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email and update the "Last updated" date. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.

If you do not agree to the updated Terms, you must stop using the Service and delete your account.

Contact

If you have any questions about these Terms, please contact us:

• Email: contact@birthdaywishi.com