Birb — The Drinking Game

Terms of Service & End-User License Agreement (EULA)

Last updated: 30 June 2026

18+ By using Birb you confirm that you are at least 18 years old (or older where your local law requires) and that you meet your local legal drinking age.

1. Acceptance of these terms

These Terms of Service ("Terms") form a binding agreement between you and Robin Embacher, Muldenstraße 8, 4863 Seewalchen, Austria ("we", "us", "our") governing your use of the Birb mobile app and related services ("the Service"). By downloading, accessing or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility — you must be 18+

The Service is intended for adults only. You must be at least 18 years old to use it. Some jurisdictions set a higher legal drinking age (for example, 21 in the United States). You represent and warrant that you meet the legal drinking age in your country or region and that your use of the Service is lawful where you are.

The Service is not directed to, and must not be used by, anyone below the applicable legal age.

3. Account responsibilities and security

  • You are responsible for providing accurate registration information, including a date of birth that truthfully confirms your age.
  • You are responsible for keeping your password and device secure and for all activity under your account.
  • Notify us promptly at support@embxr.eu if you suspect unauthorised use of your account.
  • You may not share, sell or transfer your account, and you may not impersonate others.

4. License to use the app

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the Service for your own personal, non-commercial entertainment. We (and our licensors) retain all intellectual-property rights in the Service. You may not copy, modify, distribute, sell, lease, reverse-engineer or attempt to extract source code from the app except to the extent this restriction is prohibited by applicable law.

5. Acceptable use

You agree not to:

  • break any law or encourage others to do so;
  • harass, threaten, abuse, or harm other users;
  • post or transmit illegal, hateful, defamatory, obscene or infringing content;
  • cheat, exploit, disrupt, overload, or attempt to gain unauthorised access to the Service or its servers;
  • use bots, scrapers, or automated means except as expressly permitted;
  • encourage dangerous, excessive, or coerced drinking.

6. User-generated content (house rules)

The Service lets you write your own "house rules" and similar content ("User Content"). You retain ownership of your User Content. By submitting it, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce and display that content as necessary to operate the Service (for example, to show your rules to other players in your room).

You are solely responsible for your User Content and must not post anything that is illegal, infringing, abusive, harmful, or that encourages dangerous drinking. We may, but are not obliged to, review, moderate, refuse or remove any User Content at our discretion, and may remove content that violates these Terms or applicable law.

7. Alcohol & health disclaimer — assumption of risk

Birb is an entertainment product, not an invitation to drink. Any decision to consume alcohol while playing is entirely your own and is made at your own risk. By using the Service you acknowledge and assume all risks associated with alcohol consumption.

  • The game can and should be played with non-alcoholic beverages (water, soft drinks, etc.) — drinking alcohol is never required to play.
  • Never drink and drive. Always arrange a sober driver or alternative transport.
  • Do not play with alcohol if you are pregnant, under the legal drinking age, taking medication that interacts with alcohol, or have any health condition affected by alcohol.
  • Know your limits, drink responsibly, and never pressure anyone to drink.

We are not responsible for your personal choices regarding alcohol. See our Responsible Drinking page for safety information, including the signs of alcohol poisoning and emergency numbers.

8. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Service is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure.

9. Limitation of liability

To the maximum extent permitted by applicable law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data, goodwill, or — without limitation — for any injury, illness or harm arising from your or any third party's consumption of alcohol while using the Service.

Mandatory carve-out: Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law (including mandatory consumer-protection rights under EU and Austrian law).

10. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold us harmless from claims, damages and reasonable expenses arising out of your misuse of the Service, your User Content, or your breach of these Terms or of applicable law. This does not apply to the extent a claim results from our own breach, negligence or wilful misconduct, or where such indemnity is not permitted by law.

11. Third-party services

The Service relies on third-party platforms and services, including Apple (Sign in with Apple, App Store), Google (Google Sign-In, Google Play) and — if enabled — an advertising network and a push-notification service. Your use of those services is subject to their own terms and privacy policies. We are not responsible for third-party services.

12. Purchases, donations & refunds

Any purchases or donations made through the app are processed by the relevant app store (Apple App Store or Google Play). Billing, payment and most refund requests are handled by those stores under their terms and refund policies. Please refer to Apple's or Google's policies for purchases made through them.

Right of withdrawal (FAGG): If you are a consumer, you have a 14-day right of withdrawal for distance contracts under the Austrian Distance and Off-Premises Transactions Act (Fern- und Auswärtsgeschäfte-Gesetz, FAGG). However, for digital content that is not supplied on a tangible medium, this right lapses once supply has begun, provided you have expressly consented to the immediate performance before the start of the withdrawal period and have acknowledged that you thereby lose your right of withdrawal. Your statutory consumer rights remain unaffected.

13. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, misuse the Service, or where required by law, with notice where reasonably practicable. Provisions that by their nature should survive termination (such as liability limits and governing law) will survive.

14. Governing law and dispute resolution

These Terms are governed by Austrian law; mandatory consumer-protection rights in your country of residence remain unaffected. If you are a consumer, you may also be entitled to bring proceedings in your home jurisdiction.

If you have a concern or dispute, please contact us first at support@embxr.eu so we can try to resolve it. This does not affect your statutory rights or your right to bring the matter before the competent courts.

15. Changes to these terms

We may update these Terms from time to time. We will post the updated version here and update the "Last updated" date. Material changes will be notified as required by law. Your continued use after changes take effect constitutes acceptance of the updated Terms.

16. Contact

Questions about these Terms? Contact support@embxr.eu. See also our Imprint / Impressum.