Terms of Service

These terms govern your access to the BdaySurprise website and the purchase and use of our virtual products — including digital birthday surprises, interactive invite pages, PartyCoins credits, and related services (collectively, "Products").

A contract is formed when we confirm your order (e.g., by email, in your dashboard, or by making your birthday surprise available for sharing). You may save or print a copy of these terms for your records. We store a version of these terms and your acceptance at checkout for legal compliance.

You must be at least the age of majority where you live (typically 18+) and capable of forming a binding contract. You are responsible for your account credentials and for all activity under your account. Do not share your login credentials with third parties.

You must provide accurate and complete information during registration and keep this information up to date.

Upon full payment, we grant you a personal, non-exclusive, non-transferable, revocable licence to access and use the Product (your birthday surprise page, invite link, or other digital content) solely for personal, non-commercial purposes, in accordance with this Agreement.

You agree not to:

• block Sell, rent, lease, sub-licence, distribute, publish, or make our Products or surprise pages available to third parties for commercial gain.
• block Copy, modify, adapt, or create derivative works from our platform, designs, or content.
• block Scrape, data-mine, or attempt to breach the security of the BdaySurprise website.
• block Upload or transmit content that is unlawful, harmful, threatening, or harassing to birthday recipients or other users.

Our platform uses "PartyCoins" — a virtual credit system for creating and publishing birthday surprises. Prices include or exclude taxes as indicated at checkout. You authorise us (or our payment provider, Stripe) to charge your selected payment method for the total price shown.

We may reject or cancel an order in cases of suspected fraud, pricing error, or legal compliance reasons.

Delivery starts immediately after successful payment by making your digital surprise available in your dashboard (shareable link). Starter surprise links are accessible for 30 days; Pro links remain active for 90 days.

If you are a consumer in the EEA/UK and you ask us to start delivery immediately, you expressly consent to the immediate supply of the digital content and acknowledge that you lose your statutory 14-day right of withdrawal once delivery begins.

Our Refund Policy forms part of this Agreement and sets out the rules for refunds regarding virtual/digital Products and PartyCoins. PartyCoins are non-refundable once spent on a published surprise.

Your use of the Service involves the collection and processing of personal data (such as your email address, account activity, and payment information). How we collect, use, and protect your data is described in our Privacy Policy, which forms part of this Agreement.

By creating an account or making a purchase, you acknowledge that you have read and understood our Privacy Policy. We process your data on the legal bases described therein and in compliance with applicable EU/Czech data protection law (GDPR).

When you create a birthday surprise you may submit text messages, recipient names, selected GIFs (sourced via third-party providers), gift option labels, and other content (collectively, "Your Content"). You retain ownership of Your Content.

By submitting Your Content, you grant us a limited, worldwide, royalty-free licence to store, display, and deliver Your Content solely for the purpose of operating and providing the Service to you and your designated recipient. This licence ends when you delete your surprise or your account.

You are solely responsible for Your Content. You represent and warrant that:

• verified You have all rights necessary to submit Your Content and to grant the licence above.
• verified Your Content does not infringe any third-party intellectual property, privacy, or other rights.
• verified Your Content is not unlawful, abusive, defamatory, or otherwise harmful to the recipient or any third party.

We reserve the right to remove any content that violates these terms without prior notice.

All rights in the website and Products — including interactive experiences, animations, sounds, themes, images, logos, and website code — are owned by us or our licensors. Except for the personal licence granted above, no intellectual property rights are transferred to you.

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• info The Service will be uninterrupted, error-free, or available at any particular time — including on the recipient's birthday.
• info The surprise link will be successfully opened or experienced by the intended recipient (e.g., due to device compatibility, spam filters, or recipient actions).
• info Third-party GIFs or external media included in a surprise will remain available for the full duration of the link's active period.

Nothing in this section affects your statutory rights as a consumer under applicable Czech or EU law.

Nothing in this Agreement excludes liability that cannot be excluded by law. Subject to consumer laws that apply to you:

• info We are not liable for indirect or consequential losses (such as an undelivered surprise link, technical issues on the recipient's device, or unmet emotional expectations) that were not reasonably foreseeable.
• info Our total liability for all claims relating to a purchased Product is limited to the amount you paid for that specific Product.

This Agreement is governed by the laws of the Czech Republic. Any disputes will be resolved in accordance with applicable Czech law.

We may update this Agreement to reflect changes in law or our services. Your continued use of the website after changes are posted constitutes acceptance of the updated terms.