Terms of Service

Last updated: July 3, 2026

PLEASE READ THESE TERMS CAREFULLY. By using Countdown Trigger, you agree to be bound by these Terms, including the critical service disclaimers in Section 3, the assumption of risk, disclaimers, liability limits, and release in Sections 11 through 14, the time limit on claims in Section 20, and the binding arbitration clause and class action waiver in Section 21. If you do not agree, do not use the Service.

1. Acceptance of Terms

By accessing, browsing, or using Countdown Trigger ("Service," "Platform," or "we/us/our" — including our owners, operators, and affiliates), you ("User" or "you") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy (which is incorporated into these Terms by reference), and all applicable laws and regulations. These Terms constitute a legally binding agreement between you and Countdown Trigger.

We reserve the right to modify these Terms at any time. For material changes, we will make reasonable efforts to provide advance notice via email or prominent notice on the Service. Non-material changes take effect immediately upon posting. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically; the "Last updated" date above indicates the current version.

You consent to receive all agreements, notices, disclosures, and other communications from us electronically, including by email to the address associated with your account or by posting to the Service. Electronic communications satisfy any legal requirement that communications be in writing, and are deemed received when sent or posted.

2. Description of Service

Countdown Trigger is a self-directed automation tool that triggers user-configured actions (including but not limited to emails, SMS messages, and webhooks) when users fail to check in within specified timeframes ("dead man's switch" functionality). The Service executes your configuration mechanically. We do not review, verify, endorse, or exercise editorial control over the content, recipients, timing, or purpose of the actions you configure, and we act solely as a passive conduit for communications you direct.

The Service relies on third-party providers for message delivery (including but not limited to Twilio for SMS, email service providers, and cloud infrastructure). We do not guarantee the reliability, availability, or delivery success of these third-party services.

Nothing in these Terms or in your use of the Service creates any fiduciary, custodial, bailment, trustee, executor, agency, escrow, or other special relationship between you and Countdown Trigger, or any duty of care beyond the express obligations stated in these Terms.

3. Critical Disclaimers — Not an Emergency, Life-Safety, Medical, or Legal Service

IF YOU OR SOMEONE ELSE IS IN DANGER OR EXPERIENCING AN EMERGENCY, CALL 911 (OR YOUR LOCAL EMERGENCY NUMBER) IMMEDIATELY. IF YOU ARE EXPERIENCING A MENTAL HEALTH CRISIS OR THOUGHTS OF SELF-HARM, CALL OR TEXT 988 (IN THE U.S.) OR CONTACT YOUR LOCAL CRISIS LINE.

THE SERVICE IS NOT AN EMERGENCY NOTIFICATION SERVICE, PERSONAL EMERGENCY RESPONSE SYSTEM (PERS), MEDICAL ALERT SYSTEM, WELFARE-CHECK OR MONITORING SERVICE, SAFETY DEVICE, OR SUBSTITUTE FOR EMERGENCY SERVICES OF ANY KIND. THE SERVICE MUST NOT BE USED, AND YOU AGREE NOT TO USE IT, IN ANY SITUATION WHERE FAILURE, DELAY, EARLY EXECUTION, OR NON-EXECUTION OF AN ACTION COULD RESULT IN DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ENVIRONMENTAL DAMAGE. WE DO NOT MONITOR YOUR HEALTH, SAFETY, LOCATION, OR WELFARE, AND WE HAVE NO DUTY — AND ASSUME NO OBLIGATION — TO CHECK ON YOU, CONTACT ANYONE ON YOUR BEHALF, OR SUMMON ASSISTANCE UNDER ANY CIRCUMSTANCES.

THE SERVICE IS NOT A LEGAL SUBSTITUTE FOR A WILL, TRUST, POWER OF ATTORNEY, HEALTHCARE DIRECTIVE, OR ANY OTHER LEGAL DOCUMENT. The Service does not transfer ownership of any assets, intellectual property, digital accounts, or legal rights, and messages delivered through the Service have no testamentary effect. We strongly recommend consulting a qualified attorney for estate planning, asset transfer, and legal document preparation.

We do not provide legal, medical, financial, tax, or other professional advice. Nothing in the Service or its documentation constitutes such advice, and no information obtained from us creates any professional-client relationship.

4. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use this Service. By using the Service, you represent and warrant that you meet these requirements. The Service is not intended for use by minors under 18 years of age.

You further represent and warrant that you are not located in, or a resident of, any country subject to a comprehensive U.S. government embargo, and that you are not on any U.S. government list of prohibited, sanctioned, or restricted parties. You may not use the Service in violation of any export control or sanctions laws.

5. Account Registration and Security

You agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Maintain the security and confidentiality of your login credentials
Accept responsibility for all activities under your account
Immediately notify us of any unauthorized use or security breach

You are solely responsible for any actions taken through your account, whether authorized by you or not. We are not liable for any loss or damage arising from your failure to maintain account security, and any check-in (or failure to check in) recorded on your account is attributable to you regardless of who performed it.

6. User Content and Responsibilities

You are solely responsible for all content you create, upload, transmit, or configure through the Service, including but not limited to countdown names, descriptions, email content, SMS messages, webhook payloads, and recipient information ("User Content"). We do not pre-screen, review, verify, or approve User Content and assume no responsibility or liability for it. As between you and Countdown Trigger, you are the sender and publisher of all messages and actions configured through your account.

You represent and warrant that:

You have all necessary rights and permissions to use and distribute your User Content
Your User Content does not violate any third-party rights, including privacy, publicity, intellectual property, or contractual rights
Your User Content is accurate, lawful, and not misleading, defamatory, or harmful
You have obtained proper consent from all recipients of automated messages
Your use of the Service complies with all applicable laws and regulations

Your operational responsibilities. You are solely responsible for: (a) configuring your countdowns, check-in intervals, actions, and recipients correctly; (b) testing your configuration before relying on it; (c) maintaining your ability to check in on time, including device access, network connectivity, and awareness of your deadlines; (d) keeping recipient contact information current, accurate, and deliverable; (e) maintaining independent backup copies of any important User Content; and (f) maintaining independent, redundant arrangements (outside the Service) for any communication whose delivery — or non-delivery — matters to you.

Message Recipients. You are solely responsible for ensuring that recipients have consented to receive automated communications from you, and for complying with all laws applicable to your messages, including without limitation the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, CTIA messaging guidelines, and their equivalents in any applicable jurisdiction. We are not liable for any claims, damages, or legal actions arising from messages sent through the Service to your designated recipients.

License to us. You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, and display User Content solely as necessary to operate, provide, secure, and improve the Service, including delivering your configured actions to your designated recipients, and as required by law.

7. Prohibited Uses

You may not use the Service to:

Send threatening, harassing, defamatory, obscene, or illegal content
Impersonate others or misrepresent your identity or affiliation
Distribute malware, viruses, or engage in phishing or fraud
Send spam or unsolicited commercial messages
Violate any applicable laws, regulations, or third-party rights
Interfere with or disrupt the Service or servers
Attempt to gain unauthorized access to any systems or data
Circumvent any security measures or usage limits
Use the Service as an emergency, medical, safety, welfare-check, or life-critical system, or for any purpose described as prohibited in Section 3
Use the Service for any purpose that could result in physical harm to any person
Engage in activities that could expose us to liability

We reserve the right (but assume no obligation) to investigate violations and take appropriate action, including removing or disabling content, suspending or terminating accounts, cancelling scheduled actions, and reporting to law enforcement authorities. We are not liable for any action we take, or decline to take, under this Section.

8. Payment and Billing

Certain features of the Service require payment. By subscribing to a paid plan, you agree to pay all applicable fees and any applicable taxes. Subscription fees are billed in advance on a recurring basis and are non-refundable except as required by law — including for partial billing periods, downgrades, unused features, or termination of your account for violating these Terms.

We reserve the right to change pricing with 30 days' notice. Continued use after a price change constitutes acceptance of the new pricing. We may modify, limit, or discontinue promotional offers and free-tier features at any time.

You must notify us of any billing dispute within 60 days of the charge; after that, you waive the right to dispute it to the maximum extent permitted by law. Initiating a chargeback for a valid charge is a violation of these Terms and grounds for immediate suspension or termination.

9. Service Availability, Execution, and Modifications

We strive to maintain high availability but DO NOT GUARANTEE uninterrupted, timely, secure, or error-free operation of the Service. The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.

CRITICAL ACKNOWLEDGMENT — EXECUTION IS NOT GUARANTEED. You acknowledge and accept that configured actions may execute LATE, EARLY, MORE THAN ONCE, OR NOT AT ALL due to technical failures, third-party service outages, network issues, software defects, scheduled maintenance, misconfiguration, or other factors. YOU MUST NOT RELY ON THE SERVICE AS YOUR SOLE OR PRIMARY METHOD FOR ANY TIME-CRITICAL, SAFETY-CRITICAL, OR OTHERWISE IMPORTANT NOTIFICATION.

MISSED CHECK-INS TRIGGER ACTIONS. The Service acts solely on the presence or absence of your check-in. A missed check-in for ANY reason — including travel, illness, injury, incapacity, hospitalization, loss of device access, connectivity failure, or forgetfulness — may cause your configured actions to execute exactly as you set them up. WE HAVE NO DUTY TO VERIFY YOUR DEATH, INCAPACITY, INTENT, OR ACTUAL CIRCUMSTANCES BEFORE EXECUTING CONFIGURED ACTIONS. Once a message is sent, it cannot be recalled, and we are not responsible for the consequences of its delivery, including the disclosure of confidential, sensitive, or premature information.

Check-in reminders and deadline notifications are provided as a courtesy only. We do not guarantee their delivery or timing, and the failure of a reminder to arrive does not excuse a missed check-in or create any liability on our part.

We reserve the right to modify, suspend, impose limits on, or discontinue any aspect of the Service (including APIs and beta or experimental features, which are provided strictly AS IS) at any time, with or without notice. We do not guarantee retention or storage of any data, and we are not liable for any modification, suspension, discontinuation, or loss of data.

10. Assumption of Risk

YOU UNDERSTAND THE INHERENT LIMITATIONS OF AN AUTOMATED "SILENCE TRIGGERS ACTION" SERVICE AND VOLUNTARILY ASSUME ALL RISKS ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION THE RISKS THAT: ACTIONS FIRE WHEN YOU DID NOT INTEND THEM TO; ACTIONS FAIL TO FIRE WHEN YOU INTENDED THEM TO; MESSAGES ARE DELIVERED TO WRONG, OUTDATED, OR UNINTENDED RECIPIENTS DUE TO YOUR CONFIGURATION; MESSAGE CONTENT CAUSES EMBARRASSMENT, DISTRESS, FINANCIAL LOSS, OR LEGAL CONSEQUENCES; AND THIRD PARTIES (INCLUDING RECIPIENTS, HEIRS, AND BENEFICIARIES) ACT OR FAIL TO ACT IN RELIANCE ON DELIVERED OR UNDELIVERED MESSAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT AND, IF APPLICABLE, CANCEL YOUR SUBSCRIPTION.

11. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES REGARDING:

THE RELIABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS OF THE SERVICE
THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
THAT ACTIONS WILL BE TRIGGERED AT THE SPECIFIED TIMES, OR ONLY AT THE SPECIFIED TIMES
THAT MESSAGES WILL BE DELIVERED TO RECIPIENTS, OR DELIVERED ONLY TO INTENDED RECIPIENTS
THAT DATA WILL BE STORED, RETAINED, OR RETRIEVABLE
THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED
THAT THE SERVICE IS FREE OF VIRUSES OR HARMFUL COMPONENTS

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; IN THOSE JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COUNTDOWN TRIGGER, ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE FOR ANY:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES
COST OF SUBSTITUTE GOODS OR SERVICES
PERSONAL INJURY, EMOTIONAL DISTRESS, WRONGFUL DEATH, OR PROPERTY DAMAGE
DAMAGES ARISING FROM FAILURE TO TRIGGER ACTIONS, EARLY OR DUPLICATE TRIGGERING, OR FAILURE TO DELIVER MESSAGES
DAMAGES ARISING FROM THE CONTENT OF ANY MESSAGE OR ACTION CONFIGURED BY ANY USER
DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
DAMAGES ARISING FROM THIRD-PARTY CONDUCT OR CONTENT, OR FROM RELIANCE BY ANY THIRD PARTY ON ANY DELIVERED OR UNDELIVERED MESSAGE

REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE RELEASED PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS, IN THE AGGREGATE AND NOT PER INCIDENT, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT ENLARGE THIS LIMIT.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US, THAT THEY ARE REFLECTED IN THE PRICING OF THE SERVICE, AND THAT WE WOULD NOT PROVIDE THE SERVICE WITHOUT THEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Release

To the maximum extent permitted by applicable law, you irrevocably release and discharge the Released Parties from any and all claims, demands, liabilities, and damages of every kind and nature, known and unknown, suspected and unsuspected, arising out of or in any way connected with: (a) any dispute between you and any message recipient, contact, beneficiary, heir, estate, family member, or other third party; (b) the content, delivery, non-delivery, timing, or consequences of any message or action configured through your account or any other user's account; and (c) the acts or omissions of any third party, including third-party service providers.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." IF YOU RESIDE ELSEWHERE, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) — regardless of the theory of liability — arising out of or related to:

Your use or misuse of the Service
Your User Content
Messages sent through your account to recipients, including claims under the TCPA, CAN-SPAM, or similar laws
Your violation of these Terms
Your violation of any rights of third parties
Your violation of any applicable laws or regulations
Any claims by recipients of messages sent through your account
Any claims by beneficiaries, heirs, estates, or persons affected by actions triggered (or not triggered) through your account
Your negligence or willful misconduct

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you (at your expense), in which case you agree to cooperate with our defense. You may not settle any such claim without our prior written consent. This obligation survives termination of these Terms and your account.

15. Third-Party Services

The Service integrates with and relies upon third-party services, including but not limited to Twilio (SMS), email delivery providers, payment processors, and cloud infrastructure providers. Your use of the Service is also subject to the terms and policies of these third-party providers, and you agree to comply with them.

WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY, ACCURACY, OR RELIABILITY OF THIRD-PARTY SERVICES. WE DISCLAIM ALL LIABILITY FOR ANY FAILURES, DELAYS, OR ERRORS CAUSED BY THIRD-PARTY SERVICES, CARRIERS, OR NETWORKS, INCLUDING MESSAGE FILTERING OR BLOCKING BY CARRIERS AND MAILBOX PROVIDERS.

16. Intellectual Property; Feedback

The Service, including its software, design, text, graphics, logos, and all related intellectual property, is owned by Countdown Trigger or its licensors and is protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for its intended purpose in accordance with these Terms. All rights not expressly granted are reserved.

If you submit suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without restriction, attribution, or compensation.

17. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, labor disputes, government actions, power failures, internet or telecommunications failures, third-party service outages, carrier filtering, cyberattacks, pandemics, or any other force majeure event.

18. Suspension and Termination

We may suspend or terminate your account or access to any part of the Service immediately, without prior notice or liability, for any reason or no reason, including violation of these Terms. Upon termination, your right to use the Service ceases immediately, scheduled countdowns and actions may be cancelled without execution, and we may delete your data in accordance with our Privacy Policy. We are not liable for any consequence of suspension or termination, including actions that do not execute as a result.

You may terminate your account at any time through your account settings. Termination does not entitle you to any refund except as required by law.

All provisions of these Terms that by their nature should survive termination shall survive, including without limitation Sections 3, 6, 10, 11, 12, 13, 14, 16, 20, 21, and 22.

19. Not for High-Risk Use

THE SERVICE IS NOT DESIGNED, INTENDED, OR LICENSED FOR USE IN ANY HAZARDOUS OR HIGH-RISK ENVIRONMENT OR APPLICATION REQUIRING FAIL-SAFE PERFORMANCE — INCLUDING WITHOUT LIMITATION LIFE SUPPORT, MEDICAL CARE OR MONITORING, EMERGENCY DISPATCH OR RESPONSE, NAVIGATION OR COMMUNICATION FOR AIRCRAFT OR VESSELS, NUCLEAR FACILITIES, WEAPONS SYSTEMS, OR ANY OTHER APPLICATION IN WHICH FAILURE OF THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. ANY SUCH USE IS AT YOUR SOLE RISK AND IN BREACH OF THESE TERMS.

20. Time Limit on Claims

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES, OR IT IS PERMANENTLY BARRED. THIS PROVISION SHORTENS ANY OTHERWISE APPLICABLE STATUTE OF LIMITATIONS.

21. Dispute Resolution: Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

21.1 Informal Resolution (Required First Step)

Before initiating any arbitration or court proceeding, you agree to first send an individualized written notice of the dispute to legal@countdowntrigger.com, including your name, account email, a description of the dispute, and the relief sought, and to negotiate in good faith for at least 30 days. This is a condition precedent to commencing any formal proceeding, and any applicable limitations period is tolled during this process.

21.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Countdown Trigger agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved exclusively through binding individual arbitration before a single arbitrator, rather than in court, except that you may assert claims in small claims court if your claims qualify. This agreement is governed by the Federal Arbitration Act.

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Fees will be allocated as provided by those rules. The arbitration will be conducted in English and, where an in-person hearing is required, in the county of your residence or another mutually agreed location; either party may elect to proceed by videoconference or on written submissions where the rules allow. Judgment on the award may be entered in any court with jurisdiction.

21.3 Delegation

The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable — except that only a court may decide disputes concerning the scope or enforceability of the Class Action Waiver in Section 21.4.

21.4 Class Action Waiver

YOU AND COUNTDOWN TRIGGER 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 ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, MASS ACTION, OR CONSOLIDATED PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) SHALL PROCEED IN COURT RATHER THAN IN ARBITRATION, AND THE REMAINDER OF THIS SECTION 21 REMAINS IN EFFECT.

21.5 Batch Arbitration

If 25 or more demands for arbitration are filed against us that raise similar claims and are coordinated by the same or related counsel, the parties agree that the AAA shall administer them in batches of up to 50 demands each, with a single arbitrator and a single set of filing and administrative fees per batch. This provision is intended to secure the efficient resolution of coordinated claims and does not permit class-wide relief.

21.6 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to legal@countdowntrigger.com within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, you may pursue claims in court, but the class action waiver and all other provisions of these Terms still apply.

21.7 Exceptions and Survival

This arbitration agreement does not apply to: (a) claims for injunctive or equitable relief to protect intellectual property or prevent unauthorized use of the Service; (b) claims that must be brought in court under applicable law; or (c) at your election, claims involving sexual assault or sexual harassment. This Section 21 survives termination of these Terms and your account.

22. Governing Law, Venue, and Jury Trial Waiver

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

For any disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware, and you waive any objection based on inconvenient forum.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND COUNTDOWN TRIGGER EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

23. General Provisions

23.1 Entire Agreement

These Terms, together with our Privacy Policy and any policies referenced herein, constitute the entire agreement between you and Countdown Trigger regarding the Service and supersede all prior agreements, representations, and understandings. You acknowledge that you have not relied on any statement not expressly set out in these Terms.

23.2 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 remain in full force and effect.

23.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

23.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

23.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any person. Without limiting the foregoing, message recipients, contacts, beneficiaries, heirs, and estates designated in or affected by your countdowns have no rights under these Terms or against Countdown Trigger, and we owe them no duty of any kind.

23.6 Notices; Interpretation

We may provide notices to you by email to your account address or by posting on the Service; notices are deemed given when sent or posted. Legal notices to us must be sent to legal@countdowntrigger.com. Section headings are for convenience only, and "including" means "including without limitation." No agency, partnership, joint venture, or employment relationship is created by these Terms or your use of the Service.

24. Contact Information

For questions about these Terms, please contact us at:

Countdown Trigger
Email: legal@countdowntrigger.com