Terms of Service
Effective Date: 2026-04-23
Welcome to mailcountdowns.com (the "Service"), operated by Sea View Software GmbH, Steinstraße 81–83, 35390 Gießen, Germany, registered at Amtsgericht Gießen under HRB 12514, represented by the Managing Director Robin Heller ("we," "our," "us"). By accessing or using the Service, you ("you," "user") agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.
1. Acceptance of Terms
By using the Service you confirm that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you use the Service on behalf of an organisation, you represent that you have authority to bind that organisation and its use to these Terms.
2. Transition from Sea View Online LLC
The Service was previously operated by Sea View Online LLC (Wyoming, USA). As of the Effective Date above, all rights and obligations under the prior terms of service have been assigned to and are continued by Sea View Software GmbH. Your account, subscription and stored content are unaffected. Your continued use of the Service after the Effective Date constitutes acceptance of these Terms and of Sea View Software GmbH as your new contracting party and data controller.
3. Changes to these Terms
We may update these Terms from time to time. Material changes will be announced on the website and, where legally required, notified to you by email at least 30 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree, you may terminate your account in accordance with Section 12.
4. Description of the Service
The Service allows users to generate animated email countdown GIFs and related assets for personal and commercial use. The Service is provided on a best-effort basis; we do not guarantee uninterrupted, error-free or uninterrupted availability.
5. User Responsibilities
5.1 Account: You are responsible for providing accurate and complete information when creating an account and for keeping your login credentials confidential. You must notify us immediately of any unauthorised use of your account.
5.2 Prohibited use: You agree not to use the Service to:
- violate any applicable law or regulation;
- distribute spam, malware, phishing or other harmful content;
- infringe any intellectual property, personality or privacy rights of others;
- engage in fraudulent, deceptive or misleading practices;
- upload or generate content depicting violence, hatred, sexual exploitation of minors, or that is otherwise unlawful under German or EU law.
5.3 Compliance: You agree to comply with all applicable local, national and international laws, including the GDPR and applicable anti-spam laws (e.g. CAN-SPAM, §7 UWG) when using countdowns in email campaigns.
6. Fees, Payment and VAT
6.1 Merchant of Record: Payments are processed by Paddle.com Market Ltd. acting as Merchant of Record. Paddle handles payment, invoicing and collection/remittance of applicable taxes (including VAT/USt).
6.2 Prices: Prices are displayed in the currency shown at checkout. For B2C customers in the EU, prices include statutory VAT where applicable; for B2B customers with a valid VAT ID, the reverse-charge procedure may apply in accordance with EU VAT rules.
6.3 Renewals: Paid plans renew automatically at the end of each billing cycle unless cancelled before renewal. You may cancel at any time via the billing area of the Service.
6.4 Refunds: We offer a 14-day, no-questions-asked money-back guarantee on the initial purchase of any paid plan, as set out in our Refund Policy. Beyond that window, fees are non-refundable except (a) where required by law (see Section 7 for EU consumer withdrawal rights), (b) where expressly stated in these Terms or the Refund Policy, or (c) at our sole discretion.
7. EU Consumer Withdrawal Right (Widerrufsrecht)
If you are a consumer domiciled in the European Union, you have the right to withdraw from the purchase of a paid plan within 14 days of the conclusion of the contract, without giving a reason, pursuant to §§ 355, 356 BGB.
You expressly consent, and acknowledge that you lose your right of withdrawal, once we begin performing the digital service with your consent before the end of the 14-day withdrawal period (§ 356 Abs. 5 BGB). Activating a paid subscription and using the paid features constitutes such consent.
To exercise the withdrawal right before performance begins, send an unambiguous statement to [email protected] identifying yourself and the subscription you wish to withdraw from. Refunds (where applicable) will be issued via Paddle to the original payment method.
8. Intellectual Property
All content, features and functionality provided through the Service, including but not limited to text, graphics, logos, templates and software, are the exclusive property of Sea View Software GmbH or its licensors and are protected by copyright, trademark and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service and the countdown assets it generates for their intended purpose, including use in your own email campaigns.
9. User-Generated Content
9.1 License to us: By uploading or creating content through the Service, you grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, process and display that content solely as necessary to provide and improve the Service. This licence ends when you delete the content or your account, except for backups retained for a limited period and anonymised aggregate data.
9.2 Your responsibility: You are solely responsible for the content you upload or generate and for having all necessary rights and consents. You warrant that your use of such content does not infringe third-party rights.
9.3 Takedown: We may remove content that, in our reasonable judgement, violates these Terms or applicable law. Rights holders may submit takedown notices to [email protected].
10. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Service is provided "AS IS" and "AS AVAILABLE". We do not warrant that the Service will meet your requirements or that it will be uninterrupted, timely, secure or error-free. Nothing in this Section 10 limits mandatory statutory warranty rights of consumers.
11. Limitation of Liability
11.1 We are fully liable for damages arising from injury to life, body or health caused by our breach of duty, and for damages caused intentionally or by gross negligence by us, our legal representatives or vicarious agents. We are also liable under the German Product Liability Act and for damages caused by fraudulent concealment of a defect or breach of a guarantee.
11.2 For breaches of material contractual obligations caused by slight negligence, our liability is limited to damages that are foreseeable and typical for this type of contract. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose observance you may regularly rely.
11.3 Any further liability is excluded. In particular, we are not liable for lost profits, loss of data, or indirect or consequential damages arising from slight negligence.
11.4 The statutory liability of Sea View Software GmbH towards consumers remains unaffected.
12. Termination
12.1 By you: You may terminate your account at any time from the billing area or by contacting us. Termination takes effect at the end of the current paid billing cycle; fees already paid are non-refundable except where required by law.
12.2 By us: We may suspend or terminate your access to the Service with reasonable notice for convenience, and immediately for material breach of these Terms or applicable law, non-payment, or abusive use. Statutory termination rights remain unaffected.
12.3 Effect of termination: Upon termination we will cease providing the Service. Your content may be deleted after a reasonable grace period; please export your data before termination. Sections that by their nature should survive (e.g. 8, 9.1, 10, 11, 13, 14) survive termination.
13. Governing Law and Jurisdiction
These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers domiciled in the EU, mandatory consumer-protection provisions of the consumer's country of residence remain unaffected.
The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms, to the extent legally permissible, is Gießen, Germany. This applies in particular to disputes with merchants, legal entities under public law and special funds under public law within the meaning of §38 ZPO.
EU Online Dispute Resolution: The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
14. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision shall be replaced by a valid provision that most closely reflects the economic intent of the original.
15. Entire Agreement
These Terms, together with the Privacy Policy and the Imprint, constitute the entire agreement between you and Sea View Software GmbH regarding the Service and supersede any prior agreements, including any prior terms issued by Sea View Online LLC.
16. Contact
Sea View Software GmbH
Steinstraße 81–83, 35390 Gießen, Germany
HRB 12514, Amtsgericht Gießen — Managing Director: Robin Heller
Email: [email protected]
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