Terms of Service

1. Who we are, and what this covers

mybirth.day is a place to keep the things you want to remember and give them to the people who were there. A wall is a page that collects memories; a birthday wall is the one wall nobody has to make, and it opens on your birthday and stays open for 7 days.

These terms apply to everyone who uses mybirth.day, whether or not you have an account. Some parts only apply if you have one, or if you pay for a plan, and those parts say so.

Our Privacy Policy explains what we do with personal information. It is part of this agreement, and you should read it too.

2. Who may use mybirth.day

You must be at least 13 years old. There is no version of mybirth.day for children under 13. If we learn that an account belongs to someone under that age, we close it and delete what it holds.

If you are in the European Economic Area or the United Kingdom and under 16, your parent or guardian has to agree to these terms for you, and may be asked to confirm it.

You must be able to enter into a contract where you live, and you must not be barred from using mybirth.day under any sanctions or export law that applies to you.

If you use mybirth.day on behalf of an organisation, you are telling us you may bind it, and "you" means both you and it.

3. Your account

You sign in with Google or Apple. We do not hold a password for you, so how you protect that account is between you and them.

One account per person. Do not share it, do not sell it, and do not let somebody else use it.

Your birth date has to be truthful. It is not decoration: it is when your birthday wall opens, and it is what we check the minimum age against.

Your username is your address here — mybirth.day/yourname — and it is yours while you hold it. It cannot be a word this site reserves for a page of its own, and we may reclaim a handle that impersonates someone, infringes a trademark, or was registered in order to be sold.

You are responsible for what happens through your account. Write to [email protected] if you think somebody else has got into it.

4. Your licence to use mybirth.day

We give you a personal, non-exclusive, non-transferable, revocable licence to use mybirth.day for what it is for. That is the whole grant — no other right is given, by implication or otherwise.

You may not copy, adapt, decompile or reverse engineer the service, except to the extent the law allows you to despite an agreement like this one.

5. What you post stays yours

Everything you write and upload is yours. We claim no ownership of it, and we never will.

To run the service we need your permission to handle it. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, re-encode, resize, transcode, adapt for display and show your content — for the purpose of operating, securing and improving mybirth.day, and for nothing else. We do not license your content to advertisers, we do not sell it, and we do not use it to train machine learning models.

That licence covers the technical work a photograph or a video actually needs: an uploaded file is re-encoded and kept in several sizes, and video is turned into a streaming ladder on machines we rent for it. None of that changes who owns it.

The licence lasts while the content is on mybirth.day and ends when you remove it — subject to the deletion windows in the Privacy Policy, and to copies other people were lawfully able to make while it was up.

You promise you have the right to post what you post, including the rights of anybody identifiable in a photograph or a video.

6. Walls are public unless you narrow them

This is the most important thing to understand about mybirth.day, so it is not buried. By default a wall, and the profile it belongs to, can be seen by anybody with the link — including people with no account, and search engines that index the page.

You can change who may add to a wall and who a wall is for. Narrowing an audience is a setting, not a guarantee: anyone who can see something can copy it, screenshot it, or describe it somewhere else. Do not put anything on mybirth.day that would harm you if a stranger read it.

When you write on somebody else's wall, you are giving it to them. The owner of that wall may move it, rearrange it, hide it, archive it or delete it, and does not need your agreement to do so. We may also remove it under section 7.

Deleting your own memory takes it off the walls it was on.

7. What you may not do

Do not use mybirth.day to:

• post anything unlawful, or anything that promotes or makes it easier to do something unlawful;
• harass, threaten, bully, stalk or incite violence against anybody;
• post sexual content involving a minor, in any form, real or generated — this is the one rule with no proportionality to it, and we report it;
• post intimate images of somebody who did not agree to them being posted, or sexualise a person who has not consented;
• impersonate a person, a business, or us, or misrepresent who you are in a way that could deceive somebody;
• post content you have no right to post, or that infringes copyright, trademark, privacy or publicity rights;
• post spam, chain messages, pyramid schemes or bulk unsolicited promotion;
• upload malware, or anything built to damage or interfere with software or hardware;
• scrape, crawl or harvest mybirth.day by automated means, or use it to build a dataset, train a model, or fill another service;
• get around rate limits, plan limits, access controls or any other technical measure, or probe the service for vulnerabilities without our written permission;
• resell, sublicense or commercially exploit access to mybirth.day; or
• do anything that puts an unreasonable load on our infrastructure.

We may remove content and suspend accounts under this section. Where it is proportionate we say what happened and give you a way to answer — but we do not wait to act when somebody is at risk.

8. Photographs, video and other media

A memory carries one file. Photographs are re-encoded as they arrive, which also drops most of what the camera wrote into the file, including where it was taken.

There are limits on how large a file may be and how long a video may run, and we may change them. A video that is too long, too large, or that our encoder cannot read is refused, and you are told.

We may remove media that breaks section 7, and we may fail to process a file for technical reasons without that being a judgement about it.

9. Paid plans

Most of mybirth.day is free. Your birthday wall, your welcome wall, and a new wall of your own every 7 days are always free. A subscription removes that wait, lets you give a wall to someone else, and raises how many memories a wall shows at once.

Payments are handled by Stripe. Your card number goes to them and never reaches us.

You can pay monthly or yearly, and both buy exactly the same thing. The price and the currency are shown before you pay, along with how tax is applied.

A subscription renews automatically at the end of each period, at the price then in effect, until you cancel. We tell you before a price change affects you, and you can cancel before it takes effect.

Cancel whenever you like from your billing settings. Cancelling stops the next renewal; it does not refund the period you are already in, and you keep the plan until that period ends.

When a plan lapses, walls go back to the free limit on how many memories they show at once. Nothing is deleted for lapsing, and the walls you made are still there if you subscribe again.

Except where the law says otherwise, payments are not refundable. If you are a consumer in the EEA or the UK you have 14 days to withdraw from a subscription — but by using a paid feature straight away you are asking us to start the service inside that window, and you accept that the right ends once the service has been fully performed.

We may change prices and we may stop offering a plan. Neither affects a period you have already paid for.

10. Signing in with Google and Apple, and the services underneath

Signing in goes through Google or Apple. Their terms and their privacy policies govern what they do, and we do not control them.

mybirth.day also rests on services we do not own — hosting, storage, delivery, payments, email and video encoding. We choose them carefully and hold them to written terms, but a failure at one of them can still reach you, and section 14 applies when it does.

A memory may embed something published on another site. That content belongs to whoever published it, on their terms, not ours.

11. Our intellectual property

The service itself — the software, the design, the name, the logo and the wordmark — belongs to us or to the people who license it to us, and is protected by copyright and trademark law.

These terms give you no right to use our name, our logo or our branding, beyond linking to us and referring to us fairly.

If you send us an idea or a suggestion we may use it without owing you anything for it, so please do not send us anything you consider confidential.

12. Copyright complaints and takedown

If something on mybirth.day infringes your copyright, write to [email protected] and include all of the following:

• enough detail to identify the work you say has been infringed;
• the address of the page, and enough detail to find the content on it;
• your name, address and email;
• a statement that you believe in good faith the use was not authorised by you, your agent or the law;
• a statement that the information you have given is accurate, and that you are the rights holder or may act for them; and
• your signature, electronic or otherwise.

We remove content that is properly reported and tell the person who posted it. If you believe your content was removed in error, answer that notice and we will consider a counter-notice.

We close the accounts of people who infringe repeatedly.

13. Suspension, closure, and what happens after

You can stop using mybirth.day whenever you like, and delete your account from your profile settings.

We may suspend or close an account that breaks these terms, that is being used to harm somebody, or where the law requires it. Where it is proportionate we give notice and a chance to put it right first.

We may also stop offering mybirth.day, or part of it. If we close the service we will give reasonable notice and refund any paid period you have not used, pro rata.

When an account is deleted its content is removed on the schedule set out in the Privacy Policy. A username that is released is held for 90 days before anybody else may claim it, so that nobody can step straight into a page that represented you.

Sections 5, 11, 14, 15, 16, 18 and 19 carry on after this agreement ends.

14. What we do not promise

mybirth.day is provided as it is, and as it is available. To the fullest extent the law allows we disclaim every warranty, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement.

We do not promise the service will be uninterrupted, secure or free of error, that it will suit your purpose, or that everything you store will always be retrievable. Keep your own copy of anything you cannot afford to lose.

We do not endorse and are not responsible for what other people post.

Some places do not allow exclusions like these. Where that is so they do not apply to you, and nothing here takes away a right a consumer cannot waive.

15. Limits on what we owe you

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, nor for lost profits, lost goodwill, or lost or corrupted data, however they were caused.

Our total liability to you for everything connected with mybirth.day is limited to the greater of what you paid us in the twelve months before the claim, or fifty euros.

Nothing here limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited by law. If you are a consumer, your statutory rights are untouched.

16. Indemnity

If you are using mybirth.day for business purposes, you agree to defend and indemnify us against claims, losses and reasonable legal costs arising out of your content, your use of mybirth.day, or your breach of these terms.

This section does not apply to consumers, to the extent the law does not permit it.

17. Changes

We may change the service, and we may change these terms. When a change to the terms is material we update the date at the top of this page and give notice in the app or by email before it takes effect.

Carrying on with mybirth.day after a change takes effect means you accept the new terms. If you do not accept them, stop using mybirth.day and delete your account.

18. Governing law, and disputes

These terms are governed by the law of Mexico, without regard to its conflict-of-law rules.

If you are a consumer in the EEA or the UK: nothing above takes away the protection of the mandatory law of the country you live in, and you may bring proceedings in your local courts. The European Commission also runs an online dispute resolution platform that is open to you.

If you are in the United States: you and we agree that a dispute will be settled by binding individual arbitration under the rules of a recognised arbitration provider rather than in court, and that neither of us will bring a class, collective or representative action. Either of us may still bring an individual claim in small claims court.

You may opt out of that arbitration paragraph by writing to [email protected] within 30 days of first accepting these terms, saying that you opt out and giving your username. Opting out is free, takes effect immediately, and changes nothing else in this agreement.

Whichever forum applies, a claim has to be brought within one year of when it arose, unless the law where you live gives you longer.

19. The rest

If any part of these terms cannot be enforced, the rest stays in force and that part is read as narrowly as it needs to be.

Not enforcing something once does not waive it.

You may not transfer your rights under these terms. We may transfer ours to an affiliate, or as part of a merger, acquisition or sale of assets, and your rights are unaffected either way.

These terms and the Privacy Policy are the whole agreement between us about mybirth.day, and replace anything said before them.

Neither of us is liable for a failure caused by something outside our reasonable control.

Nobody outside this agreement has rights under it.

20. Contact

Write to [email protected] and a person will read it.

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