Terms of Service

1. Acceptance of Terms

Welcome to Congratulator! These Terms of Service ("Terms") govern your use of the Congratulator mobile application and related services (collectively, the "Service") operated by Martin Kraus ("we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

2. Description of Service

Congratulator is a mobile application that helps users:

• Track birthdays and important dates
• Generate personalized birthday messages using artificial intelligence
• Set reminders for upcoming birthdays
• Share birthday messages through various platforms
• Manage birthday-related information and contacts

3. User Accounts

3.1 Account Creation

To access certain features of the Service, you must create an account. When creating an account, you must provide accurate, complete, and current information.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3.3 Account Termination

You may terminate your account at any time. We reserve the right to suspend or terminate your account if you violate these Terms.

4. Acceptable Use

4.1 Permitted Uses

You may use the Service for lawful purposes only and in accordance with these Terms. You agree to use the Service respectfully and responsibly.

4.2 Prohibited Uses

You agree not to use the Service:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To spam, phish, pharm, pretext, spider, crawl, or scrape
• For any obscene or immoral purpose
• To interfere with or circumvent the security features of the Service

5. AI-Generated Content

5.1 AI Service Disclaimer

Congratulator uses artificial intelligence to generate birthday messages. While we strive to provide high-quality, appropriate content, AI-generated messages may not always be perfect or suitable for every situation.

5.2 User Responsibility

You are responsible for reviewing and approving all AI-generated messages before sharing them. We recommend that you:

• Review messages for accuracy and appropriateness
• Ensure messages align with your relationship and communication style
• Modify or customize messages as needed
• Use your judgment when sharing AI-generated content

5.3 No Guarantee of Accuracy

We do not guarantee the accuracy, completeness, or suitability of AI-generated messages. Messages are provided as suggestions and starting points for your own communication.

6. User Data and Privacy

6.1 Data Collection

We collect and process personal information as described in our Privacy Policy. By using the Service, you consent to our data practices as outlined in the Privacy Policy.

6.2 User-Generated Content

You retain ownership of any personal information you provide to the Service, including birthday data, names, and relationship information. You grant us a license to use this information to provide the Service.

6.3 Data Security

We implement reasonable security measures to protect your personal information, but we cannot guarantee absolute security.

7. Intellectual Property Rights

7.1 Our Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of Martin Kraus and its licensors. The Service is protected by copyright, trademark, and other laws.

7.2 User License

We grant you a personal, non-exclusive, non-transferable, limited license to use the Service for your personal, non-commercial use.

7.3 Third-Party Services

The Service may contain links to third-party websites or services. We do not endorse or assume responsibility for any third-party sites, information, materials, products, or services.

8. Subscription and Payment Terms

8.1 Free and Premium Features

Congratulator may offer both free and premium features. Premium features may require a subscription or one-time payment.

8.2 Payment Processing

Payments are processed through the Apple App Store or Google Play Store. All billing and refund policies are subject to the respective app store's terms and conditions.

8.3 Subscription Renewal

Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period. You can manage your subscription through your app store account settings.

9. Disclaimers and Limitations

9.1 Service Availability

We strive to maintain the Service, but we cannot guarantee 100% uptime. The Service may be temporarily unavailable due to maintenance, updates, or technical issues.

9.2 Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

10. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to your use of the Service or violation of these Terms.

11. Termination

11.1 Termination by You

You may stop using the Service at any time and delete your account through the app settings.

11.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice, if you breach these Terms.

11.3 Effect of Termination

Upon termination, your right to use the Service will stop immediately. Data deletion will be handled according to our Privacy Policy.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of the European Union and the laws of the country where the service is primarily operated, without regard to its conflict of law provisions.

13. Dispute Resolution

13.1 Informal Resolution

Before filing a formal complaint, please contact us at support@congratulator.eu to resolve the issue informally.

13.2 Formal Disputes

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration or in the courts of competent jurisdiction in the European Union.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will:

• Provide at least 30 days notice before new terms take effect
• Notify you through the app or by email
• Post the updated terms on our website

Your continued use of the Service after any changes constitutes acceptance of the new Terms.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

17. Age Requirements

The Service is not intended for users under the age of 13. By using the Service, you represent that you are at least 13 years old. If you are between 13 and 18, you represent that you have reviewed these Terms with your parent or guardian.

18. International Use

The Service is controlled and operated from the European Union. We make no representations that the Service is appropriate or available for use in other locations. If you use the Service from other jurisdictions, you are responsible for compliance with local laws.