Gift terms

1. Who this contract is with

The contract for a gift is between you, the buyer, and BSNS GmbH, a limited liability company under Swiss law, Birkenstrasse 47, 6343 Rotkreuz, Switzerland, UID CHE-213.120.212 ("Baku", "we", "us").

The person you give the gift to (the recipient) is not a party to your purchase. When they start the gift, our terms of use and privacy policy apply between them and us. The terms of use also apply to you where they are relevant to a gift; if they and these gift terms differ on a question about gifts, these gift terms apply.

To buy a gift you must be at least 18 years old, or have the permission of a parent or guardian. Please give Baku only to someone old enough to use it: at least 16 in Switzerland, the European Union and the United Kingdom, and at least 13 elsewhere, or older where local law requires it.

2. Words we use in these terms

• Gift: a one-time code for Baku Plus, together with the card, the message and the signature you chose.
• Gift link: the link to the gift, baku.care/g/ followed by the code. The printable card carries it as a QR code.
• Open: the recipient opens the gift card, on the web or in the app, and sees your message.
• Start: the recipient starts the gift in the Baku app. Baku Plus begins at that moment.
• Order page: your private page for the order. The link is in your receipt email and on the page you see after paying.

3. What you buy

You can buy a year of Baku Plus (12 months) or three months of Baku Plus, each as a single gift with one code. Plus gives the recipient the features described in the app and on the pricing page while the gift runs. Section 17 explains what happens if Plus changes.

The price is shown before you start and again before you pay. On the website we show prices in Swiss francs (CHF) in Switzerland and Liechtenstein, in euros (EUR) in the euro countries, in pounds (GBP) in the United Kingdom and in US dollars (USD) everywhere else. Prices include VAT, or a comparable sales tax where one applies. In the app, Apple or Google set the price in the currency of your store account. A later price change never affects a gift you have already bought.

To use the gift, the recipient needs an iPhone or Android phone that can run Baku, the Baku app and a Baku account. Some features, such as Nightlight, the 3 a.m. mode, are free for everyone with or without a gift.

4. Paying

On the website, you pay on Stripe's secure checkout page, by card, Apple Pay or Google Pay, and by TWINT when you pay in Swiss francs. Stripe processes the payment for us; we never see your full card number. The contract is made when you complete the payment and Stripe confirms it. Before you pay, you see a summary of your gift and the price, and you can go back and correct anything.

In the app, you pay through the Apple App Store or Google Play with an in-app purchase. The payment is governed by Apple's or Google's terms, and their rules on refunds apply to it (see section 12). The contract with us is made when the store confirms the purchase.

In both cases we send a confirmation to your email address with the details of your gift and a link to these terms. If a payment fails or is reversed, for example through a chargeback, no gift is created, or a gift that has not been started stops working.

5. The gift code, and when it starts

After the payment is confirmed we create one gift code for your order. The gift starts when the recipient starts it in the Baku app, not when you buy it and not when it is delivered. From that moment Plus runs for the full 12 or 3 months.

• Nothing renews. The recipient never has to give us a card or any payment details. When the months are over, Baku simply goes back to the free version. Nothing is charged to them, or again to you.
• One code, one person. A gift can be started once, by one Baku account. It cannot be started on the account that bought it.
• No sign-up form. Opening the gift card needs no account. Starting the gift needs the app and an account, which the recipient can create for free.

6. How long a gift can be started

A gift can be started until 31 December of the third year after the year in which you bought it, at 23:59 Swiss time (Zurich). For example, a gift bought on 1 December 2026 can be started until 31 December 2029 at 23:59. After that date it can no longer be started. A gift that has been started runs for its full length, whatever the date.

If the mandatory law of your country gives you a longer period, or a right to a refund of a gift that expired without being started, that law applies.

7. Delivery

When you buy a gift you choose how it arrives:

• By email on a date you choose. We send the gift to the recipient's email address on the date and at the time you pick, up to 120 days ahead, or as soon as the payment is confirmed. The email tells them that you sent them a gift of Baku Plus, with your name if you gave one, and a button to open it. It never mentions nightmares or health, in the subject or anywhere else.
• You give it yourself. You receive the gift link to send in a message, and a card to print (A6 folded, or A4 with a QR code).

On your order page you can change your words, the card, the date and time, the recipient's name and the address until we send the gift email. If you chose to give the gift yourself, you can change the words and the card until the gift is started; a card you have already printed stays as it is. Anyone who has the link to your order page can make these changes, so please keep it to yourself.

Please check the recipient's address carefully: we deliver to the address you give us. Email delivery also depends on the recipient's email provider; if a sending attempt fails, we try again several times.

8. Your message

You can write a message of up to 600 characters, or choose one of our ready lines, show it in handwriting or typeset, and add a signature drawn with your finger or mouse. Your name is optional; without it the card says it is "from someone who is thinking of you".

You are responsible for what you write and draw. Your message must be lawful, must not infringe anyone's rights, and must not threaten, harass or demean anyone. Please think about what the recipient would want others to read: anyone who has the gift link can see the card, so do not include anything private about them, such as their health, unless you know they are comfortable with it.

We do not check messages before they are delivered. We may refuse to deliver, or remove, a message that is unlawful, or that is clearly meant to hurt, threaten or shame the recipient or anyone else. If we do this before delivery, we tell you, and you can change the message or ask for a refund. The gift itself stays valid.

You allow us to store, show and deliver your message, card and signature for the purpose of this gift only.

9. If the recipient already has Plus

If the recipient already pays for Plus through the App Store or Google Play, they cannot start the gift on that account while their subscription runs, because a gifted period would not pause the store's billing and they would pay twice.
The gift is not used up: they can pass the link on to someone else, or start it themselves once their subscription has ended, as long as the gift is still valid (section 6).

10. Passing a gift on

• The gift link can be passed on until the gift is started. Whoever starts it first receives it. Treat the link like a voucher and share it only with people you trust; we are not responsible if a link you shared reaches someone else, unless we caused that.
• A gift cannot be exchanged for cash or for another product, except under our refund rules in section 12 or where the law requires it.
• Gifts are for giving, not for trade. You may not resell gifts as a business, list them on marketplaces or voucher sites, or use them in your own commercial promotions without our written consent. We may block gift codes that were bought with someone else's payment details or obtained by fraud.

11. A lost link or a wrong address

If the gift email did not arrive, or the address was wrong, you can correct the address on your order page until the email is sent. After that, write to support@baku.care from the email address you paid with: we send the gift again, to a corrected address if you give us one, as long as the gift has not been started. If the gift was started by someone else because of a wrong address you gave us, we cannot undo that, but we will help where we can.

If you have lost the gift link, you find it on your order page. If you have lost the receipt email too, write to us.

12. Refunds and your right of withdrawal

Our 14-day refund. If you bought a gift on the website and it has not been started, we refund it in full if you ask within 14 days of buying it. You do not need to give a reason. Write to support@baku.care from the email address you paid with, or tell us how we can find your order. We refund to the payment method you used, without undue delay and at the latest within 14 days of your request. Once a gift is refunded it stops working, and the card and message are no longer shown.

Gifts bought in the app. Apple and Google handle refunds for in-app purchases under their own rules, and we cannot refund those payments ourselves. Ask Apple or Google; we are glad to help. If they refund a gift that has not been started, it stops working.

Your statutory right of withdrawal (EU and UK). If you are a consumer in the European Union or the United Kingdom, the law generally gives you 14 days to withdraw from a contract made online, without giving a reason. For digital content that is supplied straight away, this right ends once we begin to supply it, if you have expressly agreed to that and confirmed that you know you lose the right. At checkout we therefore ask you to agree that we create and deliver your gift code straight away, and to confirm that your right of withdrawal ends when we do; we confirm this in your receipt email. Our 14-day refund for gifts that have not been started applies in any case, so for a gift nobody has started you can always have your money back within 14 days of buying it.

To withdraw or ask for a refund, a clear statement by email is enough, for example: "I withdraw from my purchase of a Baku gift, bought on (date) with the email address (address)." Send it to support@baku.care or to our postal address in section 1.

Model withdrawal form. You may use this form, but you do not have to. Copy it into an email or a letter:

• To BSNS GmbH, Birkenstrasse 47, 6343 Rotkreuz, Switzerland, support@baku.care
• I/We hereby give notice that I/We withdraw from my/our contract for the supply of the following digital content/for the provision of the following service (delete as appropriate):
• Ordered on/received on (delete as appropriate):
• Name of consumer(s):
• Address of consumer(s):
• Signature of consumer(s) (only if this form is sent on paper):
• Date:

Switzerland and other countries. Swiss law gives no general right to withdraw from online purchases. Our 14-day refund applies to you in the same way, wherever you live.

Started gifts are not refundable, unless the law requires it. Your statutory rights if Plus does not work as described are not affected.

13. What you learn about the recipient

We tell you only what you need to know about your gift:

• that the gift email was delivered, if we sent it;
• that the recipient opened the gift card, the first time they do;
• whether the gift has been started, on your order page, because this decides whether you can still change, resend or refund it;
• their thank-you note, if they choose to write one (section 14).

If a gift is still unopened 10 days after it was delivered or shared, we send you one gentle reminder, suggesting you give it to them personally.

If your gift is linked to your Baku account (because you bought it in the app, or on the website while signed in), and the recipient later starts paying for Plus, we may thank you with a free month of Plus, as in our invitation programme.

Beyond this, we never tell you how the recipient uses Baku, what they write or record in it, or anything about their nights.

14. The thank-you note

After starting the gift, the recipient can send you one short thank-you note of up to 280 characters. It is their choice. We email the note to you and delete it from our systems 7 days later.

15. Privacy of the recipient

You give us the recipient's first name and, for delivery by email, their email address. Please give us these only for this gift. We use them only to deliver the gift and, if you ask, to send it again. We never use them for marketing, and we write to the recipient about anything else only if they later sign up for Baku and agree to it themselves.

• The recipient's email address is deleted 30 days after the gift email was delivered.
• Your message, ready line, signature and both names are deleted 12 months after the gift was started, or 12 months after it expired or was refunded without being started. The words of an order that was never paid are deleted after 30 days.
• We keep the record of your order (the amount, the dates, the payment reference and your email address) for 10 years, because Swiss accounting law requires it.

The privacy policy explains this in full, including the rights you and the recipient have.

16. Promotions

From time to time we may offer a promotion, for example a discount code that you can enter at checkout. The conditions shown with the promotion apply. A promotion has no cash value, can be used only as described, and cannot be added to an order after it has been paid. If you receive a refund, we refund the amount you actually paid. Seasonal cards and ready lines do not change the price.

17. If Plus changes or ends

Plus may change over time: we add features, and sometimes change or remove them, as the terms of use describe. A gift gives the recipient Plus as it is during the gifted months.

If we stop offering Plus, or stop offering Baku altogether, we tell you and the recipient in good time. We then refund you, the buyer, the full price of a gift that has not been started, and for a gift that is running, the part of the price that corresponds to the time left.

18. Responsibility

We are liable without limitation for intent and gross negligence, and for personal injury where the law does not allow a limitation. Otherwise, to the extent the law permits, we are not liable for slight negligence or for indirect or consequential damage, such as lost profit. This does not restrict your mandatory rights as a consumer. If you live in the EU, the liability rules of your country that cannot be excluded by contract continue to apply.

19. Changes to these terms

We may update these terms, for example for new features or legal requirements. The version that applied when you bought a gift continues to apply to that gift, unless a change is only to your advantage.

20. Applicable law and disputes

These terms are governed by Swiss law, without its conflict-of-laws rules and without the UN Convention on Contracts for the International Sale of Goods. The courts at Zug, Switzerland, have jurisdiction, subject to the mandatory places of jurisdiction for consumers: as a consumer you may also sue at your place of residence and can be sued only there. If you live in the EU or the UK, you also keep the protection of the mandatory consumer law of your country. We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board, but we are glad to find a solution with you directly.

21. Contact

Questions about a gift, refunds and these terms: support@baku.care, or BSNS GmbH, Birkenstrasse 47, 6343 Rotkreuz, Switzerland.