Terms of Use

Last updated: February 18, 2026

TL;DR

  • Gather is free with optional tips – no subscriptions required
  • An iCloud account is required for syncing and sharing features
  • You are responsible for the accuracy of the data you enter and share
  • Be respectful when sharing data and chatting in groups

1. Acceptance of Terms

By downloading, installing, or using Gather (“the App”), you agree to be bound by these Terms of Use. If you
do not agree to these terms, please do not use the App.

 

2. Description of Service

Gather is an iOS application for tracking birthdays and events, organizing contacts into groups, and sharing
birthday information with others. The App uses Apple’s iCloud (CloudKit) for data syncing and sharing between
users. Key features include:

  • Creating and managing birthday entries with photos, notes, and interests
  • Organizing contacts into groups
  • Sharing groups with other iCloud users via invitations
  • Group chat for shared groups
  • Tracking gift ideas and purchase status
  • Syncing birthdays and events to the iOS Calendar

 

3. iCloud Requirement

Gather requires an active iCloud account for core functionality including data syncing across your devices,
sharing groups with others, and receiving invitations. Without an iCloud account, the App’s sharing and syncing
features will not function. Apple’s iCloud terms of service apply to all data stored in iCloud.

 

4. Purchase and License

Gather is available as a free download through the Apple App Store. The App offers optional in-app purchases
in the form of tips to support development:

  • Small Tip
  • Kind Tip
  • Generous Tip

These tips are entirely voluntary and do not unlock additional features. All purchases are processed through
Apple’s App Store and are subject to Apple’s terms and refund policies.

 

5. User Responsibilities

You agree to:

  • Provide accurate information – Ensure that the data you enter (names, birthdays, contact
    details) is accurate and that you have permission to store and share this information
  • Respect others’ privacy – Only share birthday information and personal details of others
    with their knowledge and consent
  • Use sharing responsibly – When inviting others to groups, only invite people you know and
    who would expect to receive such invitations
  • Maintain appropriate conduct in group chats – Communicate respectfully in group chat
    messages
  • Manage your invitations – Respond to invitations in a timely manner and only accept
    invitations from people you recognize

 

6. User Conduct

You agree not to:

  • Use the App to harass, abuse, or send unwanted invitations to others
  • Share inappropriate, offensive, or illegal content through group chats or shared data
  • Create fake profiles or impersonate other people
  • Attempt to access other users’ data without proper invitation or authorization
  • Reverse engineer, decompile, or disassemble the App
  • Modify or create derivative works based on the App
  • Use the App for any unlawful purpose
  • Share, redistribute, or resell the App through unauthorized channels

 

7. Shared Content

Important: When you share a group with others, all members of
that group can see the birthday entries, events, gift ideas, and chat messages within the group. Be mindful
of what information you include.

By sharing data through the App, you acknowledge that:

  • Shared group data is visible to all members of that group
  • Chat messages are visible to all members of the group they are sent in
  • Other members may add, edit, or view events and gift ideas in shared groups
  • You can leave a group at any time, which removes the shared data from your device
  • Group owners can remove participants from their groups

 

8. Intellectual Property

All content in the App, including but not limited to graphics, designs, icons, user interface, and code, is the
property of Daniël Houben or its licensors and is protected by intellectual property laws. You may not use
any content from the App without prior written permission.

 

9. Disclaimer of Warranties

The App is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied. We
specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, and
non-infringement.

We do not warrant that:

  • The App will meet your specific requirements
  • The App will be uninterrupted, timely, secure, or error-free
  • iCloud syncing will be immediate or without delay
  • Shared data will always be available or up-to-date
  • Push notifications will be delivered in real time
  • Any defects in the App will be corrected

 

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Daniël Houben, Gather, or any related
parties be liable for any of the following:

  • Loss of data – Including but not limited to loss or corruption of birthday entries, photos,
    events, gift ideas, or chat messages
  • Syncing issues – Including delays, failures, or data conflicts in iCloud syncing
  • Sharing issues – Including unintended sharing of data, failed invitations, or access
    issues
  • Missed events – Including missed birthdays or events due to notification failures or
    calendar sync issues
  • Indirect, incidental, special, consequential, or punitive damages

This limitation applies regardless of the legal theory under which damages are sought, including contract, tort,
negligence, strict liability, or any other basis, even if we have been advised of the possibility of such
damages.

In jurisdictions where limitation of liability for certain damages is not permitted, our liability shall be
limited to the maximum extent allowed by law.

 

11. Indemnification

You agree to indemnify, defend, and hold harmless Daniël Houben and Gather from and against any claims,
damages, losses, costs, and expenses (including reasonable attorney’s fees) arising from:

  • Your use or misuse of the App
  • Content you share through the App (including chat messages, photos, and personal data of others)
  • Your violation of these Terms
  • Your violation of any rights of another party

 

12. Changes to the App

We reserve the right to:

  • Modify, update, or discontinue the App at any time
  • Change features, functionality, or user interface
  • Fix bugs and improve performance

We will endeavor to provide continued support and updates, but make no guarantees regarding future development.

 

13. Changes to Terms

We may update these Terms of Use from time to time. When we do, we will update the “Last updated” date at the top
of this page. Continued use of the App after changes constitutes acceptance of the new terms. We encourage you
to review these terms periodically.

 

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to
its conflict of law provisions. Any disputes arising from these Terms or your use of the App shall be subject to
the exclusive jurisdiction of the courts of the Netherlands.

 

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or
eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and
effect.

 

16. Entire Agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and us
regarding the use of the App and supersede any prior agreements.

 

17. Contact Information

For questions about these Terms of Use, please contact us at:

support@danielhouben.nl