FESTY LTD — Terms of Service
These Terms of Service ("Terms") are a legal agreement between you and FESTY LTD ("Festy", "we", "us" or "our") governing the Festy mobile application, website and related birthday reminder, social, subscription, e-card and digital gifting services (together, the "Services").
Please read these Terms and our Privacy Policy. By creating an account, selecting an acceptance control, making a purchase or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. About Festy
FESTY LTD is a company registered in England and Wales under company number 15123095. Our registered office is 20 Wenlock Road, London, England, N1 7GU. You may contact us at info@myfesty.io.
2. Eligibility and authority
You must be at least 16 years old to create or use a Festy account. If you are under the age of majority where you live, you confirm that a parent or legal guardian has reviewed and agreed to these Terms and any purchase you make. You must be legally capable of entering into this agreement and must not be prohibited from using the Services under applicable law.
You may not create an account for someone else without authority, misstate your age or identity, or allow a person under 16 to use your account.
3. Accounts and security
You must provide accurate, current information and keep it updated. You are responsible for protecting your device, sign-in credentials and verification codes and for activity conducted through your account, except to the extent caused by Festy's breach of duty. Tell us promptly at info@myfesty.io if you suspect unauthorised access.
Festy may support phone verification and sign-in through Apple or Google. Your use of a third-party sign-in service is also governed by that provider's terms.
4. Licence to use the Services
Subject to these Terms, Festy grants you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the App and access the Services for lawful, non-commercial personal use. No ownership rights are transferred to you.
You must comply with applicable app-store rules. If an app-store rule gives you a mandatory right that conflicts with these Terms, that mandatory right applies.
5. Imported and third-party information
You may manually add birthdays or import selected information from contacts, calendars or external platforms. Before providing another person's information, you must have the right to do so, provide any notice or obtain any permission required by law, and comply with the relevant platform's terms. Do not upload sensitive, confidential, excessive or unrelated information, and respect requests to remove another person's information.
6. User content
You retain ownership of content you submit, including birthdays, names, notes, profile images, messages, wishlists and greeting-card content ("User Content"). You grant Festy a worldwide, non-exclusive, royalty-free licence to host, reproduce, adapt, transmit and display User Content only as reasonably necessary to provide, secure, support and improve the Services, including sharing it with an intended recipient and service providers. This licence ends when the content is deleted, except for retained backups, completed transactions, content another user retains, or records Festy lawfully needs to keep.
You are responsible for your User Content. It must not be unlawful, misleading, infringing, threatening, abusive, discriminatory, sexually exploitative, malicious or privacy-invasive, and must not contain malware or another person's confidential credentials or payment data. Festy may remove or restrict content where reasonably necessary to protect users, enforce these Terms or comply with law.
7. Acceptable use
You must not:
- use the Services for fraud, harassment, spam, stalking, impersonation, exploitation or any unlawful purpose;
- send invitations or messages without an appropriate basis or continue after a recipient opts out;
- access, collect or infer information you are not authorised to access;
- probe, disable, overload or interfere with security, availability, rate limits or another user's experience;
- reverse engineer, copy, resell, sublicense or commercially exploit the Services except where law expressly permits it;
- use bots, scraping tools or automation except through a Festy feature expressly designed for that purpose;
- circumvent purchase, gift-card, subscription, geographic, age or redemption restrictions; or
- violate sanctions, export controls, platform terms, intellectual-property rights, privacy rights or other applicable law.
8. Festy Pro subscriptions
Festy may offer paid subscriptions, including Festy Pro, through Apple App Store or Google Play. The price, billing period, trial (if any) and included features are shown before purchase. Unless stated otherwise, subscriptions renew automatically until cancelled through the store account used to purchase them. Deleting the App or your Festy account does not automatically cancel an app-store subscription.
The applicable app store processes subscription payment and handles statutory or store-policy refund requests. Subscription features may change, but we will not remove a material paid benefit during a current paid period without a reasonable replacement, price adjustment or remedy where required by law.
Any introductory offer or trial is limited to the eligibility stated at purchase. You are responsible for cancelling before the renewal date if you do not want the next paid period.
9. Gift-card roles
For a digital gift-card purchase made through Festy, FESTY LTD is the customer-facing seller and takes your payment. Payment and fulfilment providers process and supply the order. The named retail brand or merchant is the issuer or redemption merchant for the underlying gift card and is responsible for accepting it under that brand's terms.
Festy is not a bank, electronic-money institution or deposit account. A gift card is not cash, is not protected as a bank deposit, and may be subject to issuer restrictions, exclusions, territory limits, expiry rules and redemption terms shown before or with delivery.
10. Gift purchase and delivery
The checkout shows the gift value, currency, Festy service fee (if any), taxes (if any) and total price before you confirm. You authorise Festy and its payment provider to charge the selected payment method for that total. Your bank or wallet provider may apply separate fees that Festy does not control.
Payment authorisation does not guarantee issuance. Festy may reject, pause or cancel an order for failed payment, suspected fraud, sanctions or legal risk, incorrect or unsupported details, stock or provider unavailability, pricing error, or breach of these Terms. If Festy cancels after taking payment and no gift is issued, we will reverse or refund the amount paid to the original payment method.
You are responsible for checking the brand, denomination, recipient, email address, phone number and delivery details before purchase. Delivery may be immediate or scheduled and may depend on network, provider and recipient systems. A delayed notification does not necessarily mean that a gift card was not issued.
Once issued, you and the recipient must keep the gift-card code or redemption link secure. Tell us promptly if delivery fails, the order is incorrect, or the code appears compromised. Issuer restrictions, exclusions, territory and expiry terms apply, without limiting your mandatory consumer rights.
11. Gift cancellations, refunds and disputes
Because a digital gift card can be used immediately and cannot reliably be recovered after its code is revealed or issued, orders are final once issued except where:
- applicable law gives you a non-excludable cancellation, refund or other remedy;
- Festy or a provider fails to issue or deliver the purchased gift after a reasonable opportunity to correct the problem;
- the transaction is duplicate or unauthorised, subject to reasonable verification;
- the gift is materially different from what was ordered; or
- the issuer or provider authorises a refund.
Contact info@myfesty.io promptly with the order details. Do not redeem a gift for which you seek cancellation. Approved refunds are made to the original payment method and may take time to appear. Where law permits immediate digital performance only after your express consent and acknowledgement concerning a cancellation right, Festy will request that consent separately at checkout; these Terms alone do not remove a mandatory right.
You must not make a false or abusive payment dispute. Festy may provide relevant order and delivery records to payment providers, banks or payment networks when responding to a dispute. Nothing in these Terms restricts a legitimate chargeback right.
12. Third-party services
The Services use or link to app stores, sign-in and social platforms, payment and subscription services, gift-card issuers and fulfilment partners, communications providers, analytics and attribution services, and cloud infrastructure providers. Providers with a direct role in a purchase, subscription or user-selected connection are identified at the relevant point in these Terms, in the App or during the transaction. Third-party services are governed by their own terms and privacy notices. Festy is responsible for its own obligations and selection of processors, but does not control an independent third party's service, account decision, platform availability or separate legal obligations.
13. Intellectual property
The Services, Festy name and branding, software, design, databases and Festy-provided content are owned by FESTY LTD or its licensors and protected by intellectual-property law. Except for the limited licence in section 4, no right is granted to use Festy's intellectual property.
If you believe content in the Services infringes your rights, email info@myfesty.io with your contact details, identification of the work and content, its location, the basis of your claim, and a statement that the information is accurate and you are authorised to act.
14. Privacy
Our Privacy Policy explains how Festy handles personal information, including information about contacts and non-users, analytics and attribution, service providers, international transfers, retention and rights. It forms part of the information provided with these Terms but does not reduce any privacy right.
15. Suspension, termination and account deletion
You may stop using Festy and request account deletion through the App. You must separately cancel any app-store subscription. Account deletion does not reverse completed gifts or remove transaction records Festy must lawfully retain.
Festy may restrict, suspend or terminate an account or feature where reasonably necessary because of a material or repeated breach, fraud or security risk, harm to users, non-payment, platform or provider requirement, legal obligation, or discontinuation of the Services. Where appropriate and lawful, we will give notice and a reasonable opportunity to correct a remediable breach or appeal by contacting support. We may act immediately where delay could cause harm, fraud, security compromise or legal exposure.
On termination, your licence ends. Provisions that by their nature should survive—including payment, intellectual property, completed transactions, disclaimers, liability, dispute and general provisions—remain effective.
16. Changes to the Services or Terms
We may improve, modify or discontinue features. We will consider the effect on users and provide reasonable advance notice of a material adverse change where practicable. If a material change affects a current paid service, we will provide any remedy required by law.
We may update these Terms for legal, security, operational or product reasons. The updated Terms will show a new effective date. For material changes, we will provide additional notice in the App, by email or another reasonable method before they take effect where required. If you do not agree, you may stop using the Services and cancel future renewals. Changes do not retroactively reduce accrued rights or remedies.
17. Consumer rights and service standards
Nothing in these Terms excludes or restricts a right or remedy that cannot lawfully be excluded. If you are a consumer, the Services and digital content must meet applicable statutory standards, which may include being supplied with reasonable care and skill, being as described, being fit for a disclosed purpose, and being of satisfactory quality where the law applies.
If Festy fails to meet a mandatory standard, you may be entitled to repeat performance, repair, replacement, price reduction, refund or another statutory remedy. Contact us so we can investigate and provide the appropriate remedy.
18. Disclaimers and liability
Subject to section 17, the Services are provided on an "as available" basis. Reminders, notifications and recommendations are convenience tools and may be affected by information provided, device settings, network access and third-party systems. Do not rely on Festy for emergency, safety-critical or legally significant deadlines. Festy does not promise uninterrupted or error-free operation or that a third-party service will remain available.
Festy does not exclude or limit liability for death or personal injury caused by its negligence; fraud or fraudulent misrepresentation; breach of a statutory right that cannot be excluded; or any other liability that law does not allow Festy to exclude or limit.
Subject to that paragraph, Festy is responsible for loss or damage that is a foreseeable result of its breach of these Terms or failure to use reasonable care and skill. Festy is not responsible for loss that was not foreseeable when the contract was made, loss caused by information or instructions you supplied, or business loss suffered by a consumer using the Services for personal purposes.
To the maximum extent permitted by law, Festy's total liability arising from the Services in any 12-month period is limited to the greater of £100 and the amount you paid Festy during that period. This cap does not limit a refund, replacement or other remedy for the price or value of a specific non-conforming purchase where mandatory law requires that remedy.
If you use the Services for business purposes, Festy excludes indirect or consequential loss and loss of profit, revenue, business, goodwill or opportunity to the extent permitted by law.
19. Your responsibility
You are responsible for losses reasonably incurred by Festy or another person to the extent directly caused by your fraud, wilful misconduct, unlawful User Content or material breach of sections 5–7. This does not require a consumer to compensate Festy for losses caused by Festy's own breach, negligence or failure to mitigate.
20. App-store terms
If you downloaded the App from Apple App Store or Google Play, these Terms are between you and FESTY LTD, not the store operator. Festy, not the store, is responsible for the App, support and addressing claims concerning it, subject to these Terms and applicable law. The store operator has no obligation to provide maintenance or support.
For an Apple download, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the app-store provisions against you. If the App fails to conform to an applicable warranty, you may notify Apple and Apple may refund the App purchase price, if any, as required by its rules; to the maximum extent permitted by law, Apple has no other warranty obligation. You confirm that you are not in an embargoed country or on a prohibited-party list.
21. Governing law and disputes
These Terms are governed by the laws of England and Wales. If you are a consumer, this choice does not deprive you of mandatory protections of the country where you usually live. Consumers may bring proceedings in any court available under applicable consumer law, including where they live where the law permits. Otherwise, the courts of England and Wales have exclusive jurisdiction.
Before filing a claim, please email info@myfesty.io with a description and requested resolution so both sides can try to resolve the matter. This informal step does not suspend a limitation period or prevent urgent relief or use of a regulator or statutory dispute process.
22. General terms
Entire agreement. These Terms and terms presented at a specific purchase form the agreement concerning the Services. They do not exclude liability for fraudulent statements or mandatory pre-contract information.
Order of terms. Specific terms shown at checkout or by a gift-card issuer apply to that product. If they conflict with these Terms, the specific terms control for that product, but mandatory consumer law always prevails.
Assignment. You may not transfer your account or these Terms without our consent. Festy may transfer them as part of a reorganisation, financing or sale if this does not reduce a consumer's mandatory rights.
Force majeure. Festy is not responsible for delay caused by events beyond its reasonable control, but will take reasonable steps to reduce the effect and provide remedies required by law.
Severability and waiver. If a provision is unenforceable, it will be adjusted or removed only to the extent necessary and the remainder continues. A delay in enforcement is not a waiver.
Third-party rights. Except for Apple under section 20, no person who is not a party to these Terms may enforce them under the Contracts (Rights of Third Parties) Act 1999.
23. Contact and complaints
FESTY LTD
Company number 15123095
20 Wenlock Road, London, England, N1 7GU
Email: info@myfesty.io
Include your account contact details and relevant order number when contacting us about a purchase. Privacy requests should also be sent to info@myfesty.io.