Terms of Service
These Terms of Service ("Terms") govern your use of HappyBirthdayAgent.com (the "Service"), operated by GiveIQ LLC ("we", "us"). By creating an account or using the Service, you agree to these Terms. Last updated: June 2026.
1. Eligibility & accounts
You must be at least 16 years old to use the Service. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized access.
2. The Service
HappyBirthdayAgent helps you remember birthdays and drafts personalized messages using AI. You review every draft before sending and choose whether to deliver it via WhatsApp or any other channel. We do not send messages on your behalf.
3. Acceptable use
You agree not to:
- Use the Service to harass, defame, threaten, or send unlawful or unsolicited bulk messages.
- Upload contact data you have no lawful basis to store.
- Attempt to reverse engineer, scrape, or overload the Service.
- Use the Service to generate content that is hateful, sexual involving minors, or otherwise prohibited by the underlying AI provider.
We may suspend or terminate accounts that violate these rules.
4. Your content
You retain ownership of all data you enter (recipients, notes, vibe profiles, edited drafts). You grant GiveIQ LLC a limited license to process that data solely to operate the Service on your behalf, including sending it to our AI provider to generate drafts.
5. AI-generated drafts
Drafts are produced by a machine learning model and may be inaccurate, off-tone, or otherwise unsuitable. You are solely responsible for reviewing and editing any draft before sending. GiveIQ LLC makes no warranty about the quality, accuracy, or appropriateness of generated content.
6. Fees
The Service is currently offered free of charge. We may introduce paid plans in the future; if so, pricing and billing terms will be presented to you before any charge.
7. Third-party services
The Service relies on third-party providers (backend hosting, AI model providers, WhatsApp deep linking). We are not responsible for the availability, terms, or actions of those providers. WhatsApp is a trademark of its owner and is not affiliated with GiveIQ LLC.
8. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access for breach of these Terms or to comply with law. On termination, your data is deleted per our Privacy & Liability statement.
9. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that drafts will be delivered on time.
10. Limitation of liability
To the maximum extent permitted by law, GiveIQ LLC and its members, officers, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, goodwill, or relationships arising from your use of the Service. Our total aggregate liability for any claim shall not exceed the amount you paid us in the twelve months preceding the claim (which, on the free plan, is zero).
11. Indemnification
You agree to indemnify and hold harmless GiveIQ LLC from any claim, loss, or expense arising out of your use of the Service, your content, or your violation of these Terms or any law.
12. Governing law
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. Any dispute shall be resolved in the state or federal courts located in Delaware, and you consent to that jurisdiction.
13. Changes
We may update these Terms as the Service evolves. Material changes will be announced in-app. Continued use after a change constitutes acceptance.
14. Contact
Questions about these Terms? Email legal@giveiq.com.
© 2026 GiveIQ LLC. All rights reserved.