Terms of Service

Last Modified: March 28, 2026

View our Archived Terms of Service

PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE TERMS OF SERVICES AND ACCESSING OR USING THE PLATFORM OR SERVICES. IF YOU RESIDE IN THE UNITED STATES, THIS PROVISION APPLIES TO ALL DISPUTES WITH COMPANY. IF YOU RESIDE OUTSIDE OF THE UNITED STATES, THIS PROVISION APPLIES TO ANY ACTION YOU BRING AGAINST COMPANY IN THE UNITED STATES. IT AFFECTS HOW DISPUTES WITH COMPANY ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 10). PLEASE READ IT CAREFULLY.

1. Acceptance of the Terms of Service

1.1. These terms of service are entered into by and between you, on your own behalf as an individual and/or on behalf of your employer or another legal entity (collectively, "you" or "your"), and Spectrum Unlimited, LLC ("Spectrum Unlimited" or "we" or "us" or "our"). The following terms and services, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service"), govern your access to and use of the website, www.clientbirthday.com (the "Website"), including the use of the Website, email notifications, and services provided by us through the Website (collectively, the "Services") and made available on a software-as-a-service (SaaS) basis (collectively, the "Platform"). You acknowledge that you, on your own behalf as an individual and/or on behalf of your employer or another legal entity, have read, understood, and agree to comply with these Terms of Service, and are entering into a binding legal agreement with Spectrum Unlimited.

1.2. If you are creating an Account or accessing the Platform on behalf of a team, company, organization, or other legal entity (the "Organization"), you represent and warrant that you have full authority to bind such Organization to these Terms of Service, and all references to "you" shall include such Organization and its personnel. If you do not have such authority, or if you do not agree to be bound by these Terms of Service, you must not accept these Terms or access or use the Platform.

1.3. Please read the Terms of Service carefully before you start to use the Website and/or any Services. By using the Website or by clicking to accept or agree to the Terms of Service when this option is made available to you, you acknowledge that you have read, understand, accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at www.clientbirthday.com/privacy-policy (the "Privacy Policy") incorporated herein by reference. If you do not agree to these Terms of Service or the Privacy Policy, you must not access or use the Platform.

1.4. You acknowledge and agree that, due to the nature of the Internet, third-party integrations, and external data sources, the Spectrum Unlimited does not guarantee that the Website or Services will be available at all times, uninterrupted, or error-free. Spectrum Unlimited reserves the right, from time to time and without notice, to restrict, suspend, or modify access to all or any part of the Website or Services for any reason, including for purposes of maintenance, security, capacity limitations, system integrity, compliance requirements, or to update, enhance, or modify the Website or Services. Spectrum Unlimited may introduce new features, tools, or services as part of the Website at any time.

1.5. If you download or install any software provided by Spectrum Unlimited, including the News of the Past desktop app, your use of that software is governed by our Software License Agreement. By installing or using the software, you must agree to the terms of that agreement.

2. Eligibility

2.1. This Platform is offered and available to users who are 18 years of age or older. The Services are not intended for use by minors, and no person under the age of eighteen (18) may access or use the Services. By accessing or using the Website and Services, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement with the Company. If you do not meet these requirements, you must not access or use the Services.

2.2. If you are under 18 years of age, you may use our Platform only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Platform, you are subject to these Terms of Service and responsible for your child's activity on the Website.

2.3. Spectrum Unlimited may condition access to or use of the Website or Services, or certain features or Services, on your completion of reasonable verification, authentication, or eligibility requirements, including identity verification, account validation, or confirmation of your authority to submit requests through the Website. Spectrum Unlimited reserves the right to suspend or terminate access to the Website or Services if it determines, in its discretion, that such requirements have not been satisfied.

3. Changes to the Terms

3.1. Spectrum Unlimited may revise and update these Terms of Service from time to time. All changes are effective immediately when we post them and that our posting of such changes constitutes notice to you of such revised Terms of Service and shall apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Service means that you accept and agree to the changes. You should check this page each time you access this Platform so you are aware of any changes, as they are binding on you. If you do not agree to the revised Terms of Service, you must discontinue use of the Platform.

4. Account; Subscription to the Platform

4.1. In order to access the Platform, you must create an account (an "Account") and provide registration information as requested by Spectrum Unlimited. By creating an Account, you agree to:

  • provide accurate, current, and complete information;
  • maintain the security and confidentiality of your login credentials at all times;
  • be solely responsible for all activities that occur under your Account, whether authorized or not; and
  • promptly notify Spectrum Unlimited in writing if you become aware of any unauthorized access to or use of your Account or the Platform.

4.2. Each Account must be identified by a unique, individual email address. You hereby certify that You are the sole authorized user of your Account. Group, role-based, shared, or generic email addresses are not permitted. You are responsible for safeguarding all login credentials, authentication tokens, passwords, or other access mechanisms associated with their Account and shall not disclose such credentials to any unauthorized person.

4.3. By submitting information or materials through the Website, you grant Spectrum Unlimited a non-exclusive, worldwide, royalty-free, and perpetual license to use such information solely as reasonably necessary to operate, maintain, improve, and provide the Services, including for purposes consistent with the Privacy Policy.

4.4. You represent and warrant that you have not been previously suspended, terminated, or blocked from accessing the Platform and are not creating an Account on behalf of any person or entity that has been so restricted. You are responsible for all access to and use of the Platform under your Account, and for implementing and maintaining reasonable administrative, technical, and organizational measures to protect the security and integrity of the Platform and any data accessed through your Account.

4.5. Subject to your compliance with these Terms of Service and creation of an Account, Spectrum Unlimited hereby grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform and included in your subscription plan (the "Subscription") solely for your internal business purposes and only during the applicable subscription term (the "Subscription Period").

4.6. You acknowledge and agree to the Spectrum Unlimited Subscription Terms located at www.clientbirthday.com/subscription-terms ("Subscription Terms"), incorporated herein by reference.

4.7. Spectrum Unlimited may suspend or terminate access if it reasonably believes that accounts are being shared, misused, or accessed in violation of these Terms of Service or the Subscription Terms.

5. Restrictions

5.1. You may use the Platform only for lawful purposes and in accordance with these Terms of Service. Except as expressly permitted under these Terms of Service, you shall not, and shall not permit any third party to:

  • use the Platform in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • to impersonate or attempt to impersonate the company, a company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
  • access or search the Platform by any means other than the currently available, published interfaces (e.g., APIs) that we provide;
  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
  • sell, license, sublicense, lease, rent, timeshare, assign, transfer, distribute, publish, disclose, transmit, broadcast, display, or otherwise make available any portion of the Platform, applications, content, or confidential information to any third party;
  • circumvent, disable, bypass, or otherwise interfere with any security, access control, paywall, rate-limiting, encryption, watermarking, or usage restriction features of the Platform;
  • reverse engineer, decompile, disassemble, decrypt, scrape, mine, benchmark, model, train, test, infer, or otherwise attempt to derive the source code, underlying structure, algorithms, weighting frameworks, normalization logic, data pipelines, datasets, scoring methodologies, or business logic of the Platform, or create any derivative works thereof;
  • copy, reproduce, reformat, redistribute, resell, syndicate, sublicense, or display any data or content from the Platform, whether in raw or transformed form, except as expressly authorized in writing by Spectrum Unlimited;
  • take any action that imposes, or may impose, an unreasonable or disproportionately large load on Spectrum Unlimited's infrastructure or that interferes with the normal operation, performance, or availability of the Platform;
  • interfere with, disrupt, or attempt to compromise the integrity, confidentiality, or proper functioning of the Platform or related systems;
  • remove, obscure, alter, or deface any proprietary notices, trademarks, attribution, copyright, branding, or legends affixed to or displayed within the Platform;
  • use any Spectrum Unlimited trademarks, logos, indices, product names, or branding without Spectrum Unlimited's prior written consent;
  • use the Platform to develop, train, test, validate, benchmark, or support any competing product, service, dataset, or analytics system;
  • use the Platform in any unlawful, harmful, misleading, deceptive, or abusive manner, or in violation of any applicable law, regulation, or third-party rights.
  • use any manual process to monitor, copy, extract, or otherwise obtain any material or data from the Platform without our prior written consent;
  • introduce, transmit, or deploy any viruses, trojan horses, worms, logic bombs, malware, or other technologically harmful or malicious code;
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Platform, any servers, networks, databases, or systems connected to the Platform;
  • attack the Platform or its infrastructure via a denial-of-service (DoS) attack or distributed denial-of-service (DDoS) attack;
  • create multiple accounts, false identities, or misleading profiles, or otherwise misrepresent your identity, affiliation, or authority;
  • post, transmit, or otherwise make available any content that is defamatory, obscene, abusive, hateful, violent, harassing, discriminatory, deceptive, or otherwise unlawful or objectionable;
  • violate the intellectual property, privacy, publicity, or other legal rights of any third party; or
  • upload, transmit, or disclose any information in violation of any contractual, fiduciary, or statutory obligations, including confidential or proprietary information of third parties.

6. Monitoring and Enforcement

6.1. You acknowledge that Spectrum Unlimited has no obligation to monitor, supervise, or review access to or use of the Platform, including any data, inputs, queries, and configurations generated through the Platform. BY USING THE PLATFORM AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, YOU AGREE TO HOLD US FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES PROVIDED ON THE PLATFORM. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE, WHETHER DIRECT OR INDIRECT, ARISING IN CONNECTION WITH ANY USER.

6.2. Spectrum Unlimited reserves the right, to:

  • investigate, restrict, suspend, or terminate your access to the Platform, in whole or in part, at any time, with or without notice, where Spectrum Unlimited reasonably determines that such action is necessary to:
    • enforce these Terms of Service;
    • comply with applicable law or legal process;
    • protect the rights, property, or safety of Spectrum Unlimited or others; or
    • mitigate legal, security, or operational risk.
  • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform
  • terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service

6.3. Spectrum Unlimited may disclose any information relating to you, your account, or your use of the Platform as required by applicable law, regulation, legal process, or governmental request, or as otherwise necessary to protect Spectrum Unlimited's rights, users, or the integrity and security of the Platform. Spectrum Unlimited may cooperate fully with law enforcement authorities and regulatory bodies in connection with any investigation or request relating to the Platform or its users.

6.4. To the maximum extent permitted by law, you agree to release, indemnify, and hold harmless Spectrum Unlimited and its affiliates, directors, officers, employees, contractors, and service providers from any claims, losses, damages, or liabilities arising out of or relating to any action taken by Spectrum Unlimited under this Section, including any investigation, disclosure, suspension, or termination. Except as expressly required by applicable law, Spectrum Unlimited disclaims all liability arising from a user's misuse of the Platform.

7. Intellectual Property Rights

7.1. The Website and Platform and their entire contents, features, and functionality (including but not limited to all information, data, software, text, displays, photographs, graphics, images, designs, computer code and the design, selection, and arrangement thereof), (collectively, the "Website Content") are owned by Spectrum Unlimited, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Website or any Website Content is transferred to you, and all rights not expressly granted are reserved by Spectrum Unlimited.

7.2. Title and all right, title, and interest in and to the Platform and all improvements, enhancements, modifications, derivative works, analytics, and datasets, together with all related intellectual property rights, are and shall remain vested exclusively in Spectrum Unlimited. No rights are granted to You other than those expressly set forth in this Agreement, and all rights not expressly granted are reserved by Spectrum Unlimited.

7.3. These Terms of Service permit you to use the Website and Services for your personal use only. Unauthorized use and/or duplication of the Website Content without express and written permission from Spectrum Unlimited and the applicable author is strictly prohibited. Please contact Spectrum Unlimited at the email address noted on the last page of these Terms of Service to request permission to use original photos, Website Content, or other associated social media Websites. A licensing fee applies for any use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.

7.4. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Website Content not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

7.5. "Spectrum Unlimited" and the Website, and all related trademarks, product and service names, designs, and slogans are the trademarks or service marks of Spectrum Unlimited or its licensors. All other trademarks appearing on the Platform are the property of their respective owners. You must not use such intellectual property without the prior written permission of Spectrum Unlimited, or present false or misleading impressions about Spectrum Unlimited or otherwise damage the goodwill associated with Spectrum Unlimited's name or trademarks.

7.6. It is anticipated that You may provide suggestions, comments, ideas, evaluations, improvements, data corrections, or other feedback regarding the Platform ("Feedback"). You agree that such Feedback shall be deemed non-confidential and shall be the exclusive property of Spectrum Unlimited. Without limitation, Spectrum Unlimited shall be free to use, disclose, reproduce, modify, license, commercialize, incorporate, or otherwise exploit such Feedback, without restriction, compensation, attribution, or obligation to You or any third party. You hereby irrevocably assign to Spectrum Unlimited all right, title, and interest in and to such Feedback, and waive any moral rights or similar rights therein, to the maximum extent permitted by law. To the extent any such assignment is not enforceable, You hereby grant Spectrum Unlimited a worldwide, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit such Feedback for any lawful purpose.

8. Payments

8.1. Your use of the Platform and each Subscription may be subject to payment of certain transaction fees to us ("Paid Services"). The fees may include, but are not limited to administrative fees, transaction fees, and any subscription fees. You agree to pay all applicable fees related to your use of the Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms of Service and you will be deemed to have agreed to the terms of such Paid Service if you are accessing the Paid Service.

8.2. We may suspend or terminate your Subscription, account and/or access to the Platform and its Paid Services if your payment is late or invalid. Upon our request, you agree to provide a credit or debit card through the Services or Payment Processors (as defined below) to set up your offers. The terms of your payment may be determined by agreements between you and the financial institution, or credit card issuer. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account (as defined below) upon demand.

8.3. Payments may be processed by third-party payment processors (the "Payment Processors") through a payment account linked to your account on the Services (your "Billing Account") for use of the Paid Services. Any available processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor in addition to these Terms of Service, and you agree, as a condition to making payments, to abide by the terms and conditions of such Payment Processors, as the same may be updated from time to time. You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. Breach of the terms and conditions provided by such Payment Processors can lead to payments being withheld in addition to any other rights or remedies we may have at law or under these Terms of Service. We are not responsible for any error by, or other acts or omissions of, the Payment Processors. By choosing to use Paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the applicable Payment Processor, to charge your chosen payment method ("Payment Method"). We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

8.4. As a condition of using our Platform, you agree to provide us accurate and complete information about you and your business, and you authorize us to share it and transaction information related to your use of the payment processing services provided by the Payment Processor(s). You also authorize us to pass on information provided by you to the Payment Processor(s) so that the Payment Processor(s) may use it to protect the integrity of your account. We only have access to the credit card brand, last 4 digits, and expiration date. All other credit card and sensitive information, such as the full card number and security code, is collected and stored by the Payment Processors. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY DAMAGE THAT MAY RESULT SHOULD ANY INFORMATION BE RELEASED TO ANY THIRD PARTIES OR BY ANY PAYMENT PROCESSORS, AND YOU AGREE TO HOLD US HARMLESS FOR ANY DAMAGES THAT MAY RESULT THEREFROM.

8.5. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS, IF APPLICABLE, OR ON YOUR THE PAYMENT PROCESSOR(S) ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY DAMAGE THAT MAY RESULT SHOULD ANY INFORMATION BE RELEASED TO ANY THIRD PARTIES, AND YOU AGREE TO HOLD US HARMLESS FOR ANY DAMAGES THAT MAY RESULT THEREFROM.

8.6. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

8.7. Your access to certain parts of our Services and Platform is based on a Subscription model, billed periodically according to the chosen billing cycle and in accordance with the Subscription Terms found at www.clientbirthday.com/subscription-terms. Upon selecting a Subscription, you'll be informed of all associated fees (the "Subscription Fees") upfront. Subscription terms, including any additional features or add-ons, and their respective fees, will be detailed in Supplementary Terms provided at the point of purchase or feature activation. By subscribing, you agree to our billing practices, consenting to regular charges against your account as per the selected billing cycle.

8.8. By agreeing to these Terms, you authorize us to initiate electronic withdrawals from your designated checking or savings accounts at your identified financial institution for Subscription Fees or other authorized charges. This authorization will remain effective until Spectrum Unlimited receives written notice from you to terminate the authorization, allowing reasonable time for Spectrum Unlimited and your financial institution to act on your request. Auto-Renewal: You agree that at the end of each billing cycle, your Subscription will automatically renew and your payment method for such subscription will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that billing cycle, under the same conditions as the prior billing cycle unless you cancel your subscription prior to your renewal date.

8.9. A valid payment method, including credit card and ACH transfer information, is required to process the payment for your Subscription. You must provide us, or the Payment Processor, with accurate and complete billing information including full name, address, state, zip code, valid payment method information, and, for ACH transfers, your banking institution's routing number and your account number. By submitting such payment information, you automatically authorize us to charge all Subscription Fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, we may attempt to charge the credit card or initiate an ACH transfer one or more times. Should payment continue to fail, the Subscription will be, at our sole discretion, canceled or downgraded and you may lose access to certain paid features and Paid Services and/or your account.

8.10. You may cancel your subscription either through your online account management page or by contacting our customer support team at support@clientbirthday.com. and indicating your intention to cancel your subscription.

8.11. Spectrum Unlimited, in its sole discretion and at any time, may modify the Subscription Fees for the subscriptions, including add-ons. Any Subscription Fee change will become effective at the end of the then-current billing cycle. We will provide you with reasonable prior notice of any change in Subscription Fees. Your continued use of the Service constitutes your agreement to pay the modified Subscription Fees.

8.12. Subscription Fees are stated exclusive of any taxes or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, "Taxes"). You will be responsible for paying all Taxes associated with your Subscription, except for those taxes based on our net income. Should any payment for the Service be subject to withholding tax by any government, you will reimburse us for such withholding tax.

8.13. PAYMENT OBLIGATIONS ARE NON-CANCELABLE, AND FEES PAID ARE NON-REFUNDABLE AND THERE ARE NO CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS.

9. How to Unsubscribe

9.1. You can unsubscribe from receiving emails from us at any time. To do so please select the "unsubscribe" link in the applicable email or contact us at support@clientbirthday.com. You can unsubscribe by following the instructions in the e-mail we send to you.

10. Governing Law and Jurisdiction

10.1. These Terms of Service shall be governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law.

10.2. All disputes arising out of or relating to these Terms of Service, the Privacy Policy, the Platform, or Services or any other document or legal notice or agreement found on the Platform shall be finally resolved by arbitration conducted in the English language in New York, U.S.A. under the commercial arbitration rules of the American Arbitration Association. All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. BY AGREEING TO THESE TERMS OF SERVICES OF USE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AND YOUR RIGHT TO HAVE A COURT HEAR CLAIMS ARISING IN CONNECTION WITH THESE TERMS OF SERVICES OF USE, AMONG OTHER WAIVERS OF RIGHTS SET FORTH HEREIN. Notwithstanding the foregoing, we shall be entitled to seek Equitable Relief in a court of law as set forth in these Terms of Service. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE PLATFORM MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. In the event of any legal action (including arbitration) to enforce or interpret these Terms of Service, the non-prevailing party shall pay the reasonable attorneys' fees and other reasonable costs and expenses (including expert witness fees) of the prevailing party.

11. Disclaimer of Warranties

11.1. You understand that we cannot and do not guarantee or warrant that the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.

11.2. YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR INFORMATION OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR INFORMATION OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SPECTRUM UNLIMITED NOR ANY PERSON ASSOCIATED WITH THE SPECTRUM UNLIMITED MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER SPECTRUM UNLIMITED NOR ANYONE ASSOCIATED WITH SPECTRUM UNLIMITED REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR INFORMATION OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR INFORMATION OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

11.3. TO THE FULLEST EXTENT PROVIDED BY LAW, SPECTRUM UNLIMITED HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

11.4. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Limitation on Liability

12.1. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SPECTRUM UNLIMITED, ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL SPECTRUM UNLIMITED, THEIR LICENSORS, SERVICE PROVIDERS', EMPLOYEES', AGENTS', OFFICERS', OR DIRECTORS' AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE AMOUNT ACTUALLY PAID BY YOU (IF ANY) IN THE SIX (6) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12.2. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY SPECTRUM UNLIMITED, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE PLATFORM AND SERVICES.

12.3. YOU UNDERSTAND AND AGREE THAT THE CANCELLATION OR TERMINATION OF YOUR ACCOUNT IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH US INCLUDING, WITHOUT LIMITATION, ANY DISPUTE RELATED TO, OR ARISING OUT OF: (I) THESE TERMS OF SERVICE OR OUR ENFORCEMENT OR APPLICATION THEREOF; (II) ANY PRACTICE OR POLICY OF SPECTRUM UNLIMITED INCLUDING THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, OR OUR ENFORCEMENT OR APPLICATION OF THESE POLICIES; (III) THE CONTENT AVAILABLE THROUGH THE APPLICATIONS OR ANY CHANGE IN CONTENT PROVIDED THROUGH THE APPLICATIONS THROUGH THE SERVICES; OR (IV) YOUR ABILITY TO ACCESS AND/OR USE OUR PLATFORM.

12.4. BY USING THE PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS OF SERVICE ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE PLATFORM.

13. Indemnification

13.1. You agree to defend, indemnify, and hold harmless Spectrum Unlimited, its licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (i) your improper use of the Platform or Services; (ii) your violation of these Terms of Service or your use of the Platform, including, but not limited to any use of the Platform's content and Services, other than as expressly authorized in these Terms of Services or your use of any information obtained from the Platform; (iii) your infringement or alleged infringement, or the infringement or use (or alleged infringement or alleged use) by any other user of your account, of any intellectual property or other right of any person or entity, or (iv) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation.

14. No Export

14.1. You agree that You will not access, export, re-export, transfer, or make available any portion of the Platform in violation of any applicable export control or sanctions laws, including without limitation the laws and regulations of the United States and the jurisdiction in which You access the Platform.

14.2. In particular, but without limitation, the Platform may not be accessed, exported, or re-exported (a) into any country or region subject to comprehensive U.S. sanctions, or (b) to any individual or entity on the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Department of Commerce Denied Persons List or Entity List, or any other applicable restricted party lists.

14.3. By accessing or using the Platform, You represent and warrant that You are not located in any such country or on any such list and that You will not use the Platform for any purpose prohibited by applicable law, including without limitation the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons.

15. Waiver and Severability

15.1. No waiver by the Spectrum Unlimited of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Spectrum Unlimited to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

16. Entire Agreement

16.1. The Terms of Service and the Privacy Policy, constitute the sole and entire agreement between you and Spectrum Unlimited regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

17. No Partnership

17.1. You agree that no joint venture, partnership, employment or agency relationship exists between you and Spectrum Unlimited as a result of these Terms of Service or your access to and use of the Services.

18. Your Comments and Concerns

This Platform is operated by Spectrum Unlimited, LLC email: info@clientbirthday.com

All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: support@clientbirthday.com