Last Updated: August 31, 2026
Welcome to EatCake.Day ("EatCake.Day," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our SMS birthday greeting service (the "Service"). By submitting the sign-up form at eatcake.day, you agree to be bound by these Terms and by our Privacy Policy.
1. Service Description
EatCake.Day sends a personalized "Happy Birthday" text message to each person who signs up, delivered once per year on the birth date they provide. Messages may include a link to a gift certificate.
2. Eligibility and Consent
You must be at least 13 years old to use the Service. By entering your name, phone number, and birth month/day into our sign-up form, you represent that:
- The phone number belongs to you, or you have the account holder's permission to enroll it
- You are the person who will receive the birthday greeting (EatCake.Day is a self-serve, opt-in service — we do not enroll third parties without their own consent)
- You affirmatively consent to receive recurring automated text messages from EatCake.Day at the phone number provided
Consent to receive text messages is not a condition of any purchase, and is not shared with any third party for their own marketing purposes.
3. Message Frequency, Rates, and Opt-Out
Message frequency: 1 message per year, sent on your registered birthday, plus one confirmation message when you sign up.
Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
Reply STOP at any time to cancel and immediately stop receiving messages. Reply HELP for assistance, or contact hello@eatcake.day.
After you text STOP, we will send one final message confirming that you have been unsubscribed, and you will not receive further messages unless you sign up again.
4. Account Information
You agree to provide accurate information (name, phone number, and birth month/day) and to keep it up to date, for example by re-submitting the sign-up form if your phone number changes.
5. Acceptable Use
You agree to use the Service only for its intended purpose and agree not to:
- Enroll a phone number you do not own or are not authorized to use
- Use the Service for any unlawful purpose
- Attempt to interfere with, disrupt, or reverse-engineer the Service
6. Gift Certificates
Any gift certificate linked from a birthday message is subject to its own separate terms, expiration dates, and restrictions, which are provided at the time you access the certificate.
7. No Guarantee of Delivery
We use a third-party SMS provider (Twilio) to deliver messages and take reasonable steps to ensure delivery, but we do not guarantee that every message will arrive, due to factors outside our control such as carrier filtering, network outages, or an incorrect phone number.
8. Intellectual Property
All content, branding, and functionality of EatCake.Day are our property and are protected by applicable intellectual property laws.
9. Disclaimer of Warranties
The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
10. Limitation of Liability
To the fullest extent permitted by law, EatCake.Day is not liable for any indirect, incidental, special, or consequential damages arising from your use of, or inability to use, the Service.
11. Changes to the Service or Terms
We may modify, suspend, or discontinue the Service, or revise these Terms, at any time by updating this page. Continued use of the Service after changes constitutes acceptance of the revised Terms.
12. Governing Law
These Terms are governed by the laws of the State of Utah, without regard to its conflict of law principles.
13. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.