Terms of Service

Festy LTD "Terms of Service"

Last updated: [03/31/25]

Welcome to Festy – Time to Celebrate! These Terms of Service ("Terms") govern your access to and use of the Festy mobile application and any related services provided by Festy LTD ("Festy", "we", "our", or "us"). By accessing or using Festy, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, please do not use the app.

1. Acceptance of Terms

By creating an account or using Festy, you confirm that you are at least 13 years old (16 in the EU) and legally capable of entering into these Terms. If you are under 13 (under 16 in EU), you may not use the app.

2. Changes to Terms

We reserve the right to modify or update these Terms at any time. Changes will be communicated by updating the "Last Updated" date at the top of this document. Continued use of the app after changes means you accept the updated Terms.

3. Account Registration

To use Festy, you must register for an account using your name and mobile phone number. You are solely responsible for maintaining the confidentiality of your account and all activity under it.

4. Use of the App

Festy is designed to help users remember and celebrate birthdays. You agree to use Festy solely for its intended purpose and in accordance with these Terms. You must not misuse the app in ways that disrupt, damage, or compromise our systems or services.

5. User Content

You may upload or input content such as names, birthdays, personal reminders, or notes. You retain all ownership rights to your content. However, by using the app, you grant Festy a non-exclusive, royalty-free license to use, store, and display your content to operate and improve the platform.

6. Intellectual Property All content provided on Festy, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of Festy LTD or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

7. Prohibited Conduct

You agree not to:

Use the app for any illegal or unauthorized purpose
Upload content that is harmful, abusive, or infringes on others' rights
Disrupt or harm our servers or systems
Attempt unauthorized access to any part of the platform

8. Child Safety and CSAE Standard

At Festy, we are committed to the safety and well-being of all our users, especially children. We have implemented stringent measures to prevent child sexual abuse and exploitation (CSAE) on our platform.

For more on our commitment to user protection, please review our Child Safety and CSAE Standards.

9. Termination

We may suspend or terminate your access to Festy at any time without notice if you violate these Terms or if we deem it necessary to protect our users, services, or legal obligations.

10. Disclaimers

Festy is provided “as is” and “as available” without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the app will be error-free or uninterrupted.

11. FestySync and Future Features

Festy may introduce additional features and functionality, including the expansion of FestySync, which is designed to enhance your experience by intelligently suggesting birthdays and connections based on your social network. This may include personalized suggestions using data you input or sync from your contacts, as well as data made available through consent-based sharing models.

By using FestySync or any future features, you acknowledge and agree that:
- These features are optional and you may manage your preferences in the app settings.
- Data used for these features will be processed in accordance with our Privacy Policy and applicable data protection laws.
- Festy may iterate on these features to improve personalization, social connectivity, and overall utility.

We will always provide transparent updates and notify you of any material changes to the way we process your data in relation to new features.

12. Limitation of Liability

To the fullest extent permitted by law, Festy LTD. shall not be liable for indirect, incidental, or consequential damages arising from:

Your use or inability to use the app
Unauthorized access to data
Interruptions or bugs
Errors in content or system failures

13. Indemnification

You agree to indemnify and hold harmless Festy LTD., its affiliates, and team members against any claim, demand, or loss arising from your use of the app or your breach of these Terms.

14. Governing Law

These Terms shall be governed by the laws of England and Wales, where Festy LTD is headquartered. However, users in the United States are also protected under applicable state laws, including California Consumer Privacy Act (CCPA). European users are protected under the General Data Protection Regulation (GDPR). Disputes will be subject to the exclusive jurisdiction of the courts of London, UK.

15. California Privacy Rights

Under California Civil Code Section 1798.83, California users may request information about how we share personal data for direct marketing. Please send your request to:
📧 support@myfesty.io
📍 20 Wenlock Road, London, N1 7GU, UK

16. Contact Information

For questions regarding these Terms:
📧 Email: support@myfesty.io
📍 Address: 20 Wenlock Road, London, N1 7GU, United Kingdom

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Festy LTD. regarding your use of the app and supersede any prior terms.

18. Severability

If any section of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.

How to delete account