1. Acceptance of Terms

This application, getcake.co (the "App"), is owned and operated by Kaizen Lab Ltd, trading as getcake.co ("Company," "we," "us," or "our"). By accessing, downloading, or using the App, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms") and any applicable laws or policies referenced herein. If you do not agree to these Terms, you may not use the App.

2. Service Description

The App provides a subscription-based service delivering birthday reminders and related features through communication channels selected based on your region or preferences (e.g., SMS, WhatsApp).

Core functionality includes delivering birthday reminders via selected communication channels. We may modify or discontinue non-core features at our discretion.

We may send you login links via text message or other communication methods. You are responsible for securing these links and any resulting account activity.

We use third-party advertising and analytics technologies including Meta Pixel, TikTok Pixel, X Ads Pixel (formerly Twitter), and Google Ads to understand user behaviour, measure marketing effectiveness, and improve outreach. These tools may collect limited data such as page visits, hashed phone numbers, or event metadata. Please see our Privacy Policy for details.

Importing Birthdays

Google Calendar Sync: If you choose "Sync from Google Calendar", we request limited access to your calendar events to identify potential birthdays. Calendar data is deleted immediately after import, or within 30 days if you disconnect the service without importing.

Facebook Importer Chrome Extension: Our Chrome extension "Export Facebook Birthdays to getcake.co" reads birthday information visible to you in Facebook and securely transmits it to the App. The extension does not collect login credentials, post content, or modify your Facebook account.

The extension is an independent tool and is not endorsed by, affiliated with, or sponsored by Meta Platforms, Inc. ("Facebook").

3. Eligibility and User Responsibilities

3.1 Eligibility

You must be at least 13 years old or the legal minimum age in your jurisdiction to use the App. If you are under 18, you confirm that you have parental or guardian consent.

3.2 Accurate Information

You agree to provide accurate, current, and complete information when registering or using the App.

3.3 Import Rights

When importing data from external services such as Google Calendar or Facebook, you confirm that you have lawful access to the data and permission to import it into the App.

3.4 Lawful Use

You agree to use the App only for lawful purposes. Prohibited activities include transmitting harmful code, attempting to reverse engineer the service, or interfering with the operation of the App.

3.5 Account Security

You are responsible for maintaining the confidentiality of your login links and account access credentials.

4. Intellectual Property Rights

4.1 Ownership

All content, software, design elements, and functionality within the App are the property of Kaizen Lab Ltd or its licensors and are protected by UK and international intellectual property laws.

4.2 License

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App for personal, non-commercial purposes.

4.3 Restrictions

You may not copy, distribute, sell, sublicense, or exploit any part of the App without prior written consent.

5. Subscription and Payments

5.1 Fees

Access to the Service requires a recurring subscription fee as described in the App. Fees are non-refundable except where required by law.

5.2 Billing

You authorise us to charge your selected payment method for subscription fees. Fee changes will be communicated at least 30 days in advance.

5.3 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.

6. Third-Party Contributions and Imported Data

You may invite others to submit information through links provided by the App or import birthday data from supported services. By doing so, you confirm you have obtained appropriate consent to share that information.

We are not responsible for inaccuracies, disputes, or changes to external services that affect import functionality.

7. Contact Syncing

If the App provides the option to sync phone contacts, this feature requires your explicit opt-in consent. You are responsible for ensuring you have permission from your contacts to use their information.

8. Termination and Suspension

We may suspend or terminate access to the App at our discretion for reasons including violation of these Terms, suspected fraud, or legal requirements.

9. Disclaimer of Warranties

The App and Service are provided "as is" and "as available". We do not guarantee uninterrupted or error-free operation.

10. Limitation of Liability

To the fullest extent permitted by law, Kaizen Lab Ltd shall not be liable for indirect, incidental, or consequential damages arising from your use of the App.

Our total liability will not exceed the amount paid by you to us within the previous 12 months.

11. Indemnification

You agree to indemnify and hold harmless Kaizen Lab Ltd from any claims, damages, or legal expenses arising from your use of the App or violation of these Terms.

12. Governing Law

These Terms are governed by the laws of England and Wales. Any disputes arising from these Terms shall be subject to the jurisdiction of the courts of England and Wales.

13. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated through the App or other reasonable means at least 30 days before they take effect.

14. Miscellaneous

If any provision of these Terms is found invalid, the remaining provisions will remain in effect.

These Terms constitute the entire agreement between you and us regarding the App.

We are not responsible for delays or failures caused by events beyond our control including natural disasters, cyberattacks, government actions, API outages, messaging provider failures, or other technological disruptions.