Terms of Service

1. Acceptance of these Terms

By downloading, installing, or using Event Countdown (the "App" or "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, please do not use the App.

These Terms form a legal agreement between you and ROOT38 Limited, a company registered in England and Wales under company number 10349589, with registered office at 10 Oak Road, Barton Under Needwood, Burton-On-Trent, England, DE13 8LR (referred to as "ROOT38", "we", "us", or "our").

2. Definitions

• "Account" means your registered user account in the App.
• "Content" means any text, images, video, audio, or other material you upload, create, or share through the App.
• "Locally-Created Content" means content you create on your device using the App, including videos generated through the Create Video feature, that is not transmitted to or stored on our servers.
• "Shared Content" means content you submit to a Shared Calendar (including the calendar's name, event titles, dates, descriptions, and notes) that is transmitted to our servers and made available to other users you have invited.
• "Community Guidelines" means our community standards available at /community-guidelines/, which are incorporated into these Terms by reference.

3. Eligibility

• You must be at least 13 years old, or the minimum age required in your country to use services like this without parental consent, whichever is higher. (In some EEA countries, this age is 16.)
• If you are under the age of majority where you live, you may use the App only with the involvement of a parent or legal guardian where required by law.
• You must not use the App if we have previously terminated your account.

4. Your Account

• You are responsible for keeping your sign-in credentials secure.
• You are responsible for all activity on your Account.
• You agree to provide accurate information when creating an Account.
• You must not create an Account using someone else's identity.
• You may only have one Account unless we expressly permit otherwise.

5. Acceptable Use

You agree not to use the App to create, upload, share, or otherwise make available any Content, or to engage in any conduct, that:

5.1 Endangers minors

Is sexually explicit involving minors, sexualises minors, depicts child abuse, or in any way exploits or endangers people under the age of 18. We have zero tolerance for such material and will report it to the UK Internet Watch Foundation (IWF), the National Crime Agency, the National Center for Missing & Exploited Children (NCMEC), and any other relevant law enforcement authority.

5.2 Threatens or harms others

Threatens, harasses, bullies, intimidates, or incites violence against any individual or group; or that shares another person's private information (including but not limited to address, phone number, school, place of work, or daily routine) without their consent.

5.3 Promotes hatred

Attacks, dehumanises, or incites violence against people based on race, ethnicity, national origin, religion, sexual orientation, gender, gender identity, disability, age, or serious medical condition.

5.4 Is sexual, violent, or graphic

Contains nudity, sexually explicit material, gratuitous violence, or graphic or sadistic content.

5.5 Promotes self-harm

Promotes, glorifies, or provides instructions for suicide, self-harm, eating disorders, or dangerous "challenges" likely to cause serious injury.

5.6 Is illegal

Violates applicable law, including laws relating to drugs, weapons, gambling, fraud, intellectual property, data protection, or consumer rights.

5.7 Is deceptive or fraudulent

Impersonates another person or organisation, contains false information designed to mislead or harm, contains scams, phishing, or fake engagement, or otherwise deceives users.

5.8 Damages the App

Attempts to reverse-engineer, decompile, modify, hack, or interfere with the App; uses automated systems (bots, scrapers, crawlers) to access the App; distributes malware; or otherwise undermines the security or integrity of the Service.

5.9 Infringes intellectual property

Uses copyrighted music, video, images, or other material without proper authorisation, or infringes any third party's trademarks, patents, or other intellectual property rights.

5.10 Misuses Create Video or Shared Calendars

Uses the Create Video feature to produce content that breaches these Terms or our Community Guidelines, including content that bears our watermark and would damage our brand; or uses Shared Calendars to harass, defraud, or harm invited members.

You also agree to comply with our Community Guidelines, which describe these prohibitions in plain language.

6. Your Content

6.1 Locally-Created Content (Create Video)

Content you create on your device using the Create Video feature remains your property. Such content is generated locally on your device and is not transmitted to or stored on our servers. When you choose to share such content (for example, to Instagram, TikTok, WhatsApp, or save it to your device), you do so on your own responsibility and subject to the terms of the destination platform.

You are solely responsible for the content you create, including ensuring you have the right to use any source material (your own photos, videos, music, voice, or likeness) and the right to depict any people who appear in the content.

We add a small Event Countdown watermark to videos created by users who do not have an active Premium subscription. Premium subscribers may choose whether to include the watermark.

6.2 Shared Content (Shared Calendars)

When you submit Shared Content (calendar names, event titles, descriptions, or notes added to a Shared Calendar), you grant us a limited, non-exclusive, royalty-free, worldwide licence to host, store, transmit, and display that Shared Content solely for the purpose of operating the Service and providing the Shared Calendar feature to you and the members you have invited.

This licence terminates when you delete the Shared Content or your Account, except to the extent we are legally required to retain it. We will not use Shared Content for any purpose other than operating the Service. We will not sell, lease, or sublicense Shared Content. We will not use Shared Content to train machine learning models or for advertising.

You represent that you own or have the necessary rights to any Shared Content you submit.

6.3 Reporting infringement

If you believe Shared Content infringes your intellectual property, send a notice to ip@root38.zendesk.com containing:

• A description of the work you believe has been infringed
• The location (calendar name, event, or screenshot) of the allegedly infringing material
• Your contact information
• A statement that you have a good-faith belief that the use is not authorised
• A statement, under penalty of perjury, that the above is accurate and that you are the rights-holder or authorised to act on their behalf
• Your physical or electronic signature

We will respond promptly and may remove allegedly infringing material pending review.

7. Reporting and Enforcement

You can report Shared Content or other users by using the in-app "Report" function, or by emailing abuse@root38.zendesk.com.

When we receive a report, we will review it and take appropriate action. Possible actions include:

• No action (if the report is unfounded)
• Removal of the reported Content
• A warning issued to the user
• Suspension of the user's access to specific features (such as creating new Shared Calendars or videos)
• Permanent termination of the user's Account

We aim to review reports within 48 hours, and within 24 hours for reports tagged as relating to child safety. We do not guarantee response times.

We may also remove Content or restrict an Account proactively (without a prior report) where we identify a violation through automated tools or otherwise.

8. Suspension and Termination

8.1 By you

You may stop using the App and delete your Account at any time. Deleting your Account will remove your Locally-Created Content references and your Shared Content from active service, subject to legal retention obligations.

8.2 By us

We may suspend or terminate your access to the App or any feature if:

• You breach these Terms or our Community Guidelines
• We are required to do so by law
• We reasonably believe your continued use poses a risk of harm to other users, to us, or to the App's integrity
• You misuse a feature in a way that damages our brand or our other users

We will give you notice where reasonably practicable. For serious breaches (including those involving child safety, credible threats of violence, or coordinated harassment), suspension or termination may be immediate and without prior notice.

Deleting, suspending, or terminating your account does not automatically cancel any auto-renewable subscription you have purchased through Apple. You can manage or cancel your subscription at any time through your Apple ID account settings (Settings → [your name] → Subscriptions on iOS).

If we terminate your account for breach of these Terms, you may lose access to Premium features, but refunds and cancellation are handled by Apple under Apple's standard policies, except where applicable law (including the UK Consumer Rights Act 2015) requires otherwise.

9. Premium Subscriptions and the App Store

Some features of the App require a Premium subscription. Pricing is shown in the App.

If you downloaded the App from Apple's App Store, Apple's applicable App Store terms also apply. Apple is not responsible for providing support or maintenance for the App. Subscriptions and payments are handled through Apple where purchased in-app.

Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period through your Apple ID account settings. Pricing may change; if so, we (or Apple) will give you notice and the opportunity to cancel before any change takes effect.

We will explain clearly what you receive for the price before you subscribe, including the renewal period and what features your subscription unlocks.

10. Intellectual Property

The App, including its design, code, branding, watermark, and content provided by us, is owned by Event Countdown and protected by intellectual property law. You may not copy, modify, distribute, or create derivative works of any of it without our written permission, except as expressly permitted by these Terms.

You retain all rights to your Locally-Created Content and your Shared Content, subject only to the limited licences described in Section 6.

11. Privacy

Your use of the App is also governed by our Privacy Policy, which explains how we collect, use, share, and retain personal data. Where we rely on consent for specific processing (such as personalised advertising), we will ask for it separately. Otherwise, we process personal data on the lawful bases described in the Privacy Policy.

12. Responsibility for your use of the App

If you use the App in the course of a business or trade, you agree to defend, indemnify, and hold harmless ROOT38, its directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable solicitors' fees) arising out of or in connection with:

• Your use of the App
• Your Content
• Your breach of these Terms
• Your violation of any third party's rights

If you use the App as a consumer, you are responsible for losses we suffer that are a foreseeable result of your deliberate misuse of the App, your unlawful content, or your breach of these Terms. Nothing in this Section affects your statutory rights as a consumer.

13. Disclaimer of Warranties

To the maximum extent permitted by law, the App is provided "as is" and "as available", without warranty of any kind, express or implied. We do not warrant that the App will be uninterrupted, error-free, or secure, or that any Content available through the App will be accurate.

Nothing in this section limits or excludes any liability that cannot be limited or excluded under English law, including liability under the Consumer Rights Act 2015.

14. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, special, incidental, consequential, or punitive damages, including loss of profits, loss of data, or loss of goodwill, arising out of or in connection with the App
• Our total aggregate liability arising out of or in connection with the App is limited to the greater of (a) the amount you have paid us in the twelve (12) months preceding the claim, or (b) £50 (fifty pounds sterling)

Nothing in this section limits or excludes liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be limited or excluded under English law

Nothing in these Terms affects your statutory rights as a consumer, including your rights in relation to digital content and services under the UK Consumer Rights Act 2015. We do not seek to exclude or limit liability for foreseeable loss caused by our failure to provide the paid service with reasonable care and skill.

15. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we'll give you reasonable notice through the App and update the "Last updated" date at the top of this document. Your continued use of the App after changes take effect constitutes acceptance of the updated Terms.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. Any dispute arising out of or in connection with these Terms is subject to the exclusive jurisdiction of the courts of England and Wales.

If you are a consumer resident in another country, this does not deprive you of the mandatory protections of the law of your country of residence.

17. Contact

For questions about these Terms, contact us at support@root38.zendesk.com.

For reports of abuse, harassment, or other Community Guidelines violations: abuse@root38.zendesk.com.

For copyright and intellectual property notices: ip@root38.zendesk.com.

Registered address: ROOT38 Limited 10 Oak Road Barton Under Needwood Burton-On-Trent, DE13 8LR United Kingdom

Company number: 10349589