These Terms of Service (“Terms”) are a binding agreement between you and MSW Digital LLC, a Delaware limited liability company (“MSW Digital,” “we,” “us,” or “our”). They govern your use of Cake Day, our Slack application that posts birthday and work anniversary shout-outs, together with the cakeday.io website and any related services (collectively, the “Service”).
By installing Cake Day into a Slack workspace, signing up for an account, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility and accounts
You must be at least 18 years old to use the Service. If you are installing the Service into a Slack workspace on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and references to “you” in these Terms include that organization.
You are responsible for keeping your account credentials and Slack workspace access secure and for any activity under your account.
2. The Service
Cake Day is a Slack application that allows workspace members to opt in to birthday and work anniversary shout-outs, and posts those shout-outs in Slack channels configured by workspace administrators. Administrators can pause, configure, and manage the Service through slash commands and the admin dashboard. We may modify, add, or remove Service features at any time.
3. Slack and third-party services
The Service depends on Slack Technologies, LLC (“Slack”). Your use of Slack is governed by Slack's terms and policies, not ours. We are not affiliated with, endorsed by, or sponsored by Slack.
The Service also uses third-party services (such as Google's Gemini API and Stripe) to operate. By using the Service, you acknowledge that content and data necessary to provide the Service may be transmitted to these providers as described in our Privacy Policy.
4. Plans, pricing, and billing
4.1 Free plan
We offer a Free plan for small teams, subject to the limits posted on our pricing page. We may change the features, limits, or availability of the Free plan at any time with reasonable notice. The Free plan may be discontinued on 30 days' notice.
4.2 Paid plans
Paid plans are billed in advance on a monthly basis, unless you select a different billing cadence. All fees are exclusive of applicable taxes unless stated otherwise. You authorize us and our payment processor (Stripe) to charge the payment method you provide for each billing cycle.
4.3 Auto-renewal
Paid subscriptions automatically renew at the end of each billing period for a new period of equal length at the then-current price, unless you cancel before the renewal date. You can cancel at any time via the billing portal or by emailing info@mswdigital.com.
4.4 Cancellation and refunds
When you cancel, your paid plan remains active until the end of the current paid period, and no further charges occur after that. We do not offer refunds for partial billing periods or unused time, except where required by law.
4.5 Pricing changes
We may change pricing for paid plans. For existing subscribers, any price increase takes effect at your next renewal, and we will give you at least 30 days' notice by email before the renewal.
4.6 Past-due accounts
If a payment fails and remains unresolved after a reasonable grace period, we may suspend or terminate paid features until payment is received.
5. Acceptable use
You agree not to:
- Use the Service for any unlawful, harmful, harassing, defamatory, or infringing purpose.
- Use the Service to send spam, unsolicited commercial messages, or content that violates Slack's or any third party's policies.
- Attempt to reverse engineer, decompile, or derive the source code of the Service, except to the extent that law expressly prohibits this restriction.
- Circumvent, probe, or test the Service's security or rate limits, or interfere with its operation.
- Use the Service to build a competing product, or to train an AI or machine-learning model.
- Resell, sublicense, or transfer the Service to a third party without our prior written consent.
- Impersonate any person or entity or misrepresent your affiliation.
We may investigate and respond to any suspected violation of these Terms, including by suspending or terminating your account.
6. Your content and data
“Your Content” means the roster information, configuration, and Slack content that you or your workspace members submit to the Service. You retain all rights in Your Content.
You grant MSW Digital a limited, worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and process Your Content as necessary to provide the Service and to comply with legal obligations. We will not use Your Content for marketing without your permission, and we will not sell or license Your Content to third parties.
You represent and warrant that you have the right to submit Your Content and that doing so does not violate any law or any third party's rights.
7. Our intellectual property
The Service, including its software, design, logos, and content (other than Your Content), is owned by MSW Digital LLC or our licensors and is protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.
8. Feedback
If you send us feedback or suggestions about the Service, you agree that we may use them without restriction and without obligation to you.
9. Service availability
We aim to keep the Service available, but the Service is provided on an “as available” basis. We may change, suspend, or discontinue the Service or any part of it at any time. We make no guarantees about uptime or error-free operation, except where expressly stated in a separate service level agreement signed by both parties.
10. Security
We implement commercially reasonable administrative, technical, and organizational measures to protect the Service and Your Content. You are responsible for configuring the Slack workspace and individual user permissions appropriately for your organization.
11. Warranty disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. MSW DIGITAL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR MEET YOUR REQUIREMENTS.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MSW DIGITAL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) USD $100.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above may not apply to you in full.
13. Indemnification
You will indemnify, defend, and hold harmless MSW Digital and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) Your Content or the way you collect or use it; or (d) your violation of any third-party rights.
14. Termination
You may stop using the Service and uninstall Cake Day from your Slack workspace at any time. We may suspend or terminate your access to the Service, with or without notice, if you violate these Terms, if required by law, or if we discontinue the Service.
On termination: (a) your right to use the Service ends; (b) we will stop billing you for future periods; (c) we will delete your roster and configuration data in accordance with our Privacy Policy unless we are required to retain it. Sections that by their nature should survive termination will survive, including Sections 6 (Your Content), 7 (Our IP), 11 (Warranty Disclaimer), 12 (Limitation of Liability), 13 (Indemnification), 15 (Dispute Resolution), and 16 (General).
15. Dispute resolution
15.1 Informal resolution
Before filing a claim, you agree to try to resolve the dispute informally by emailing info@mswdigital.com. We'll try to resolve the dispute by contacting you via email.
15.2 Binding arbitration
If we can't resolve a dispute informally within 60 days, you and MSW Digital agree that any dispute arising out of or relating to these Terms or the Service will be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Delaware, or another mutually agreed location, and will be conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.
15.3 Class action waiver
YOU AND MSW DIGITAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Arbitrators cannot consolidate more than one person's claims and cannot preside over any form of a representative or class proceeding.
15.4 Exceptions
Either party may bring an individual action in small-claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights.
16. General
16.1 Governing law
These Terms and any dispute arising out of them are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles. For any dispute not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware.
16.2 Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will notify workspace administrators by email or by posting a notice in the Service. The “Last updated” date at the top of these Terms indicates when they were last revised. Continued use of the Service after a change means you accept the updated Terms.
16.3 Entire agreement
These Terms and our Privacy Policy are the entire agreement between you and MSW Digital regarding the Service and supersede any prior agreements.
16.4 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.
16.5 No waiver
Our failure to enforce any provision of these Terms is not a waiver of that provision or our right to enforce it in the future.
16.6 Assignment
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction, including to an affiliate, successor, or acquirer of our business.
16.7 Force majeure
Neither party will be liable for any failure or delay in performance resulting from events outside its reasonable control, including acts of God, war, terrorism, pandemics, government action, Internet service provider failures, or denial-of-service attacks.
16.8 Export and sanctions
You may not use the Service in violation of U.S. export control or sanctions laws, and you represent that you are not located in a country subject to a U.S. government embargo.
16.9 Notices
We may give notices to you by email (to the address associated with your account), by posting a notice in the Service, or by any other reasonable method. Notices to us must be sent to info@mswdigital.com.
17. Contact
MSW Digital LLC
info@mswdigital.com