Terms

1 General provisions

1. These terms of service (the Terms) govern the use of the Napisy AI service available at [Adres Strony Serwisu] (the Service) and of the Silelab Napisy AI Chmura extension for Adobe Premiere Pro (the Plugin).
2. The Service is provided by [Nazwa Firmy / Imię i Nazwisko], [Adres Siedziby], tax ID (NIP): [NIP], REGON: [REGON], e-mail: [Adres E-mail do Kontaktu] (the Provider).
3. These Terms are the terms for providing services by electronic means within the meaning of the Polish Act of 18 July 2002 on Providing Services by Electronic Means. They are available free of charge in the Service in a form that can be downloaded, stored and printed.
4. Personal data processing is described in the separate Privacy Policy.

2 Definitions

• Customer – a natural person, legal person or organisational unit without legal personality that has created an Account.
• Consumer – a Customer who is a natural person entering into the agreement for purposes not directly related to their business or profession.
• Sole trader with consumer rights – a natural person entering into an agreement directly related to their business activity where the agreement is not of a professional nature for them (in particular in light of the business activity registered in CEIDG). The provisions of these Terms concerning Consumers apply to such a person to the extent provided by law.
• Account – the Customer's individual account in the Service, protected by an e-mail address and password or by signing in with Google or GitHub.
• Plan – the service plan chosen by the Customer (including the free trial plan) with a minute allowance and available features, as described in the price list in the Service.
• Minutes – the billing unit for transcription, calculated from the length of the processed audio.
• Materials – audio files, video frames, texts, dictionaries, profile addresses and other content provided by the Customer to the Service.
• Results – content generated by the Service from Materials, in particular transcripts, subtitles (SRT), word timings, analyses and suggestions.
• Team – a group of Accounts on a team Plan, managed by the Customer acting as head admin.

3 Scope of services

Through the Service and the Plugin the Provider offers the following services:

1. Speech-to-subtitle transcription – the Plugin exports from the Adobe Premiere Pro sequence the audio of the tracks selected by the Customer (an audio file) and sends it to the Service, which processes it on GPU servers (Whisper speech-recognition model) and returns subtitles with word timings. A transcription can also be ordered by uploading an audio file from disk.
2. Animated captions – the Plugin places subtitles on the timeline as a regular caption track or as animated motion graphics template (.mogrt) clips in the style chosen by the Customer; the Customer can edit them in the Edit module.
3. Online editor – correcting subtitle text in the browser and syncing corrections with the Premiere project.
4. Hook analysis – an assessment of the opening of a recording based on its transcript and, at the Customer's request, also on video frames, with suggestions placed as markers on the timeline.
5. Soundbites and reels – finding fragments of a longer recording suitable for short-form content in its transcript and assembling sequences from them in Premiere.
6. Viral Radar (if included in the Customer's Plan) – analysis of the structure of publicly available short videos by selected creators (Instagram, Facebook, TikTok, YouTube) and generation of script suggestions.
7. Reels: safe zones and auto-censorship – optionally raising captions out of the platform interface area (TikTok, Instagram Reels, YouTube Shorts), previewing the zones on the timeline, and masking profanity in captions with an optional bleep sound and muting of the speech underneath.
8. Account and Teams – managing the Plan, minutes, devices with the Plugin, the team, transcription settings and the proper-names dictionary.
9. Help – a knowledge base and support tickets.

The features available in each Plan and their limits (e.g. number of analyses) are set out in the price list in the Service. The Provider may offer features in a test version, marked as such in the Service.

4 Technical requirements

1. Using the Service requires internet access, an up-to-date web browser with JavaScript and cookies enabled, and an active e-mail address.
2. Using the Plugin also requires Adobe Premiere Pro 2022 or later with CEP extension support, Windows or macOS, and the Customer's own valid Adobe licence. The Provider does not sell Adobe software and is not responsible for its operation.
3. Animated caption templates use fonts; if a font is not installed on the Customer's computer, Premiere may use a substitute font.
4. The Service applies technical limits (including maximum file size and length, number of concurrent jobs and uploads per hour), which are communicated in the Service or in the Plugin.
5. The Plugin is built on the CEP extension technology provided by Adobe. Changes made by Adobe may require Plugin updates.

5 Account

1. Creating an Account is free and requires an e-mail address, a first name or name, a password, acceptance of these Terms and confirmation of the e-mail address via an activation link. Where the Service offers this option, an Account can also be created by signing in with Google or GitHub. Unconfirmed Accounts are deleted automatically after 7 days.
2. The Customer undertakes to provide true and up-to-date information and to keep their login credentials safe. The Customer may enable two-step login (a code from an authenticator app).
3. An Account may only be used by its owner. Other people get access through their own Accounts within a Team.
4. The Plugin is linked to the Account with a code confirmed in the browser. Linked devices are listed in the Service and the Customer may unlink them at any time.
5. The Provider may ask for the password again before sensitive actions and may send notifications about sign-ins from a new device.
6. Team Plans are prepared individually. The Team head admin invites members, assigns them minutes from the shared pool and features, and may remove them from the Team. Purchases for the Team are made by the organisation. A member's transcripts are visible only to that member – the Team sees minute usage only.

6 Plans, minutes and the trial

1. After creating an Account, the Customer receives a free trial Plan with the number of minutes stated in the price list. The trial does not renew and does not require card details.
2. Paid Plans provide a pool of minutes per billing period and access to the features described in the price list. Unused minutes from the Plan pool do not carry over to the next period.
3. The Customer may buy minute top-ups. Top-up minutes do not expire while the Account exists and are used only after the Plan pool is exhausted.
4. Minutes are counted to the second from the length of the processed audio. The following do not use minutes: appearance and text changes in the Edit module, syncing with the online editor, re-inserting captions from history, and hook analysis or soundbite/reel analysis run on an existing transcript. Other features (e.g. image-based hook analysis, soundbites and reels, Viral Radar) may have separate limits set out in the price list.
5. If a transcription fails or is cancelled before completion, no minutes are charged.
6. On team Plans minutes are shared by the Team; the head admin may set an allowance for each member.
7. The Customer may take part in the referral programme: after the referred person's first payment, both parties receive the number of extra minutes stated in the Service, subject to a cap on rewards per referrer.

7 Payments

1. Prices of Plans and top-ups are shown in the price list in the Service in Polish zloty (PLN). The price shown in the payment form at the time of purchase is binding.
2. Payments are handled by Stripe. Available payment methods (e.g. card, BLIK) are shown in the payment form. If the payment form names Stripe as the seller (reseller) of the service, the sale, invoicing and tax settlement take place on Stripe's terms presented in that form; this does not limit the Customer's rights against the Provider under these Terms and applicable law.
3. Paid Plans are monthly or annual subscriptions, paid in advance and renewed automatically for the next period until cancelled.
4. The Customer may cancel the subscription at any time in the Service (Subscription → Cancel subscription). The Plan remains active until the end of the paid period and does not renew. On cancellation the Service may offer a one-time discount; accepting it is optional.
5. The Plan or billing period can be changed in the Service (Subscription).
6. Payment history and invoices are available in the Service (Subscription → Payment history).
7. The Provider may change Plan prices. A new price applies from the next billing period; the Customer will be notified by e-mail at least 14 days in advance and may cancel the subscription before it takes effect.
8. Discount codes are valid on the terms stated when they are issued and cannot be exchanged for cash.

8 Right of withdrawal

1. A Consumer (and a sole trader with consumer rights) may withdraw from a distance contract within 14 days of its conclusion without giving any reason, by sending a statement to [Adres E-mail do Kontaktu] or [Adres Siedziby]. Sending the statement before the deadline is sufficient.
2. If the Consumer expressly requested that performance of the service begin before the end of the withdrawal period and then withdraws, they pay for the services provided up to the moment of withdrawal, in proportion to the scope of the service performed (in particular the number of minutes used).
3. Refunds are made without undue delay and no later than 14 days after receipt of the statement, using the same payment method the Consumer used, unless the Consumer agrees otherwise.

9 Complaints

1. The Provider is liable to Consumers for the conformity of the service with the contract under the Polish Consumer Rights Act provisions on digital content and digital services.
2. Complaints can be sent by e-mail to [Adres E-mail do Kontaktu] or through a support ticket in the Service. A complaint should include the Account e-mail address, a description of the problem and, if possible, the transcription ID or a screenshot.
3. The Provider responds to complaints within 14 days of receipt.
4. If a complaint concerns a transcription that failed for technical reasons on the Service's side, the Provider first restores any minutes used.
5. Consumers may use out-of-court dispute resolution, in particular the assistance of a municipal or district consumer ombudsman, consumer organisations or the provincial Trade Inspection.

10 Customer Materials and rights to Results

1. The Customer retains all rights to the Materials. The Customer grants the Provider a non-exclusive, royalty-free licence to process the Materials solely to the extent necessary to provide the services (storage, transfer to the subcontractors listed in the Privacy Policy, transcription and analysis), for the time necessary to do so.
2. The Customer represents that they have the right to the Materials provided and, where the Materials contain the voice, image or data of other people, that they have a legal basis for this.
3. It is forbidden to provide Materials that violate the law or third-party rights, in particular content depicting the sexual abuse of minors, inciting violence or infringing copyright.
4. Results belong to the Customer to the extent they can be subject to rights. The Provider does not use Materials or Results for any purpose other than providing the services to the Customer.
5. With Viral Radar, the Service analyses publicly available creator videos to describe their structure (e.g. hook, pace, composition). The Customer uses the conclusions at their own responsibility and may not copy creators' protected content.
6. The Provider retains Materials and Results for the periods stated in the Privacy Policy (among others, the audio file is deleted after transcription, and subtitle text and analyses are deleted automatically after 30 days). The Customer should keep copies of any Results they need (e.g. the SRT files the Plugin saves in the project folder).
7. With regard to personal data contained in the Materials, the Provider acts as a processor on behalf of the Customer; this processing is governed by section 15.

11 Automatically generated Results

1. Transcripts, analyses and suggestions are created automatically by machine learning and artificial intelligence models. They may contain errors, omissions or inaccuracies (e.g. in proper names, with poor audio quality or multiple speakers).
2. The Customer must check the Results before publication. The Provider does not guarantee any particular viewership, reach or commercial result.
3. The safe zone and auto-censorship features are editing aids. Zone boundaries are approximate, and the profanity list does not cover all words and spellings. The Provider does not guarantee that the Customer's material complies with the rules of publishing platforms.

12 Plugin licence

1. The Provider grants the Customer a non-exclusive, non-transferable licence to use the Plugin for the purpose of using the Service, for as long as the Customer has an Account, on the Customer's devices.
2. The Customer may not share the Plugin or login credentials with third parties, circumvent limits and safeguards (including update signatures), or decompile or modify the Plugin – except where permitted by mandatory law.
3. The Plugin checks the Service for updates. Updates are digitally signed by the Provider, and the Plugin installs only packages with a valid signature and checksum. Older Plugin versions may stop being supported; the Plugin will then inform the Customer that an update is required.
4. Graphic templates, auto-censorship bleep sounds and other elements supplied with the Plugin or by the Service may be used in the Customer's material, including commercial material, only together with the Service and the Plugin; they may not be resold as standalone products.

13 Availability and liability

1. The Provider makes every effort to keep the Service running without interruption, but may carry out maintenance, and the Service also depends on subcontractors (e.g. providers of compute servers, payments and networks). Interruptions do not give rise to compensation, without prejudice to Consumers' rights.
2. To the fullest extent permitted by law, the Service and the Plugin are provided "AS IS", without implied warranties, in particular of fitness for a particular purpose, error-free operation or compatibility with every configuration of the Customer's hardware and software. The preceding sentence does not limit statutory liability to Consumers for the conformity of the service with the contract.
3. The Provider is not liable for: the consequences of improper use of the Service, loss of data in the Customer's projects (the Customer should back up projects before using the Plugin), the operation of Adobe Premiere Pro, the operating system or the Customer's hardware, the content of the Materials or how the Customer uses the Results.
4. Towards Customers who are not Consumers or sole traders with consumer rights: (a) the Provider is not liable for lost profits, indirect damage or loss of data; (b) the Provider's total liability is limited to the fees paid by the Customer for the services in the 12 months before the event giving rise to the damage; (c) liability under statutory warranty (rękojmia) is excluded.
5. The limitations of liability do not apply to damage caused intentionally or to other cases in which excluding or limiting liability is not permitted by law.

14 Prohibited conduct, suspension and termination

1. It is forbidden to use the Service in breach of the law or these Terms, to attempt unauthorised access, to load the Service automatically other than through the Plugin and the provided API, or to create multiple Accounts in order to circumvent limits or the trial.
2. In the event of a material breach of these Terms, the Provider may, after an unheeded request to stop the breach (or without a request in the case of gross breaches), block access to the Account or terminate the agreement, informing the Customer of the reason by e-mail.
3. The Customer may terminate the agreement at any time by deleting the Account in the Service (Account → Delete account). An active subscription must be cancelled before deleting the Account, and a Team head admin must first hand over the Team to another person. Deleting the Account is irreversible and unused minutes are forfeited, unless the law provides otherwise.

15 Data processing agreement

1. With regard to personal data contained in the Materials (e.g. the voice and statements of people recorded by the Customer), the Customer is the controller and the Provider is a processor within the meaning of Article 28 GDPR. This section constitutes the data processing agreement.
2. The Provider processes such data solely to provide the services described in these Terms, on the Customer's documented instructions, which consist of the Customer's use of the features of the Service and the Plugin.
3. The Provider ensures that persons authorised to process the data have committed to confidentiality, applies the security measures described in the Privacy Policy and assists the Customer in fulfilling its obligations towards data subjects.
4. The Customer gives general authorisation for the use of the sub-processors listed in the Privacy Policy. The Provider will announce any intended addition or replacement of a sub-processor by amending the Privacy Policy at least 14 days in advance; the Customer may object by terminating the agreement.
5. The Provider notifies the Customer without undue delay of any personal data breach concerning the Materials.
6. After the services end, the data is deleted within the periods stated in the Privacy Policy. The Customer may carry out an audit to a reasonable extent, at a time agreed in advance and at its own cost.

16 Changes to the Terms

1. The Provider may amend these Terms for important reasons, in particular changes in the law, the scope of services, payment methods or service providers.
2. A new version of the Terms is published in the Service with its effective date at least 14 days in advance, and Customers are notified by e-mail. Previous versions remain available in the Service.
3. A Customer who does not accept the changes may cancel the subscription and delete the Account before they take effect. Once the changes take effect, the Service will ask the Customer to accept them when signing in.
4. Changes do not apply, to the Customer's detriment, to billing periods paid before they take effect.

17 Final provisions

1. The agreement is concluded in Polish. The English version of these Terms is for information only; in the event of discrepancies, the Polish version prevails.
2. These Terms are governed by Polish law. This choice of law does not deprive Consumers of the protection afforded by the mandatory provisions of the country of their habitual residence.
3. Disputes with Customers who are not Consumers or sole traders with consumer rights are resolved by the court having jurisdiction over the Provider's registered office. Disputes with Consumers are resolved by the courts competent under general rules.
4. Contact: [Adres E-mail do Kontaktu], [Adres Siedziby].