General Terms and Conditions (GTC)

Last updated: January 2026

1. Scope and Provider

These General Terms and Conditions ("Terms") govern the relationship between Frank Business Insights (hereinafter "Provider", "we", or "us"), located in Zürich, Switzerland, and the users (hereinafter "User" or "you") of the BDayz application (the "App").

By registering for an account or accessing the App as a guest, you agree to be bound by these Terms.

2. Description of Services

The App is a social calendar and gifting management tool. It provides the following functionalities:

  1. Management of personal contacts, birthdays, and custom events.
  2. Creation of wishlists containing links to third-party products.
  3. Creation of "Circles" to share birthdays, custom events, and wishlists within private groups of up to 10 members.
  4. Synchronization of data between connected user accounts.
  5. Creation and management of digital birthday wishes ("Wishes").

The App is provided "as is" and "as available." We do not guarantee uninterrupted availability or that specific features will remain error-free.

3. Eligibility and Registration

  1. Minimum Age: You must be at least 16 years old to create an account. By registering, you confirm you meet this age requirement.
  2. Account Security: You are responsible for maintaining the confidentiality of your login credentials. You are fully liable for all activities that occur under your account.
  3. Accuracy: You agree to provide accurate and truthful information (e.g., email address) during the registration process.

4. User Content and Conduct

You are solely responsible for the content (names, dates, photos, notes, wishlist items) you enter into the App.

4.1. Prohibited Content

You agree not to upload, share, or link to content that:

  • Is illegal or promotes illegal acts under Swiss law.
  • Promotes the sale or consumption of illegal drugs or substances.
  • Contains sexually explicit material or pornography.
  • Contains hate speech, harassment, bullying, or promotes violence against individuals or groups.
  • Contains malicious software, viruses, or phishing links.

4.2. Third-Party Data (Warranties)

If you enter data regarding third parties (e.g., creating a "Manual Contact" for a friend, or a wishlist for a child), you warrant that:

  • You have the necessary authority or consent to process this data.
  • In the case of minors (under 16), you are the parent/legal guardian or have obtained explicit permission from the parent/legal guardian to enter their data.
  • The App provides the technical infrastructure for your personal data management. Regarding manual entries of third-party data, you act as the person responsible for the collection and sharing of this data within your private or family circle (Household Activity). Our role is limited to providing the platform and tools to facilitate this private organization.
  • When sharing a contact or event to a Circle, you confirm via an in-app consent mechanism that you have permission to share this information or have a close personal relationship with the individual involved.

5. Circles and Sharing of Information

5.1. User Responsibility for Sharing

The App allows you to group contents (Birthdays, Key Dates, Wishlists) into "Circles" and share these Circles with other Users ("Admins" and "Members") via invite links. By inviting another user to a Circle, you acknowledge that:

  1. You are disclosing the information within that Circle (e.g., names, dates) to the other User.
  2. You are solely responsible for ensuring you have the right to share this information with the other User.

5.2. Visibility Settings

It is your responsibility to manage the members of your Circles. We are not liable for any private information (e.g., a child's birthday) becoming visible to a User whom you voluntarily added to a Circle.

5.3. Subscriber Conduct

If you are added to a Circle by another User, you agree to treat the information contained therein as confidential and for personal use only (Household Activity). You may not copy, publish, or distribute this data publicly outside the App without the consent of the data owner.

5.4. Private Use and Member Limits

Circles are strictly for personal and family use (Household Activity under GDPR Article 2(2)(c)):

  • Each Circle is limited to a maximum of 10 members (including the owner).
  • Commercial use of Circles (e.g., for business contacts, marketing lists, or professional networking) is prohibited.
  • By using Circles, you confirm that all data shared is within a private, family-like context.

6. Wishlists, Gifts, and Affiliate Disclosure

6.1. Not a Seller

The App is a technical platform for organization. We are not the seller, supplier, or shipper of any goods listed in wishlists. We assume no liability for the quality, safety, price changes, delivery, or availability of third-party products.

6.2. Affiliate Disclosure

The App allows users to save links to third-party retailers. You acknowledge that the App may modify these links to include affiliate tracking codes. We participate in various affiliate marketing programs, which allows us to earn commissions on purchases made through our links to retailer sites. Specifically, as an Amazon Associate we earn from qualifying purchases.

6.3. No Liability for Duplicates

While the App’s function is to help prevent duplicate gifts (by marking items as "bought"), technical errors, synchronization delays, or user errors may occur. We are not liable for damages resulting from duplicate gifts, unrecorded purchases, or synchronization errors.

7. Invite Links and Guest Access

If you generate an invite link (e.g., via WhatsApp) to share a wishlist or connect with a contact:

  1. You agree not to send links to recipients who have not requested them ("Spam").
  2. You acknowledge that anyone who possesses the link can access the specific content associated with that link (e.g., the specific wishlist).

8. Account Termination

  1. By User: You may delete your account at any time via the profile settings. During deletion, you may choose between complete removal (all data deleted, including from friends' lists) or a static snapshot (your profile is deleted, but your name and birthday remain as a static entry in friends' private lists). See our Privacy Policy Section 4 for details.
  2. By Provider: We reserve the right to suspend or delete your account immediately, without prior notice, if you violate these Terms (specifically Section 4 regarding prohibited content).

9. Limitation of Liability

To the extent permitted by applicable law (Art. 100 of the Swiss Code of Obligations):

  1. We exclude liability for slight negligence.
  2. We are not liable for the actions of third parties (including other Users).
  3. We are not liable for data loss, service interruptions, or the content of external websites linked in wishlists.
  4. We are not liable for data handling by third-party calendar applications (e.g., Apple Calendar, Google Calendar) that you connect via the calendar subscription feature.

9.4. Indemnification (Third-Party Claims)

You agree to indemnify and hold harmless the Provider from any claims, damages, losses, or legal fees arising from:

  • Your sharing of third-party personal data without proper authorization.
  • Any breach of your warranty under Section 4.2 (Third-Party Data).
  • Any complaint from a third party whose data you entered or shared via the App.

10. Final Provisions

  1. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  2. Amendments: We reserve the right to modify these Terms at any time. Significant changes will be communicated to Users.
  3. Governing Law and Jurisdiction: These Terms are governed by Swiss Law. The exclusive place of jurisdiction is Zürich, Switzerland.