Terms and Conditions of the WebSpeaker Website and Service

§ 1 General provisions

1. In fulfillment of the obligation arising from Art. 8 section 1 point 1 and art. 20 section 1 point 2 and 3 of the Act of July 18, 2002 on the provision of electronic services (consolidated text: Journal of Laws of 2013, item 1422, as amended) and Art. 173 section 1 point 1 of the Telecommunications Law (consolidated text: Journal of Laws of 2014, item 243, as amended), these Terms and Conditions for the website of the WebSpeaker service are hereby created.
2. The Terms and Conditions define the rules for using the Service Website, including the use of the welcome page, the user registration process, the use of the service by registered users, and the use of the API and AI-powered features.
3. The entity responsible for the Website is Nimbus Riders sp. z o.o.
4. The Terms and Conditions are available free of charge on the website https://webspeaker.pro/terms-conditions in a form enabling free recording, storage and reproduction by the User using the Website. The content contained in these Terms and Conditions may be recorded and reproduced by the User using any technique on any media for purposes related to the use of the Website and the services provided therein.
5. BY ACCESSING OR USING WEBSPEAKER’S WEBSITES AND SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS. IF YOU ARE ENTERING INTO OR ACCEPTING THESE TERMS ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS OR USE WEBSPEAKER’S SERVICES.

§ 2 Definitions

Capitalized terms in the Terms and Conditions, unless otherwise stated, have the following meaning:

• Administrator – personal data administrator within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as “GDPR”;
• AI Services – artificial intelligence and machine learning powered features of the Service, including but not limited to the conversational chatbot, content analysis, and natural language processing capabilities;
• API – Application Programming Interface provided by the Company enabling programmatic access to the Service;
• API Client – software libraries, SDKs, or code snippets provided by the Company to facilitate integration with the API;
• Company – Nimbus Riders sp. z o.o. based in Gdańsk, ul. Jana Heweliusza 11/811, entered into the register of companies kept by the District Court Gdańsk Północ in Gdańsk, 7th Commercial Division of the National Court Register under KRS number 0001108119, NIP 5833510199;
• Confidential Information – all information disclosed by a party to the other party, whether orally or in writing, that is designated as confidential or, given the nature of the information and the circumstances of disclosure, should be understood to be confidential;
• Documentation – online documentation available at https://webspeaker.pro/docs that describes the Service, API, and usage guides;
• Indexed Content – content from Subscriber’s websites or data sources that has been crawled, processed, and stored by the Service for search and AI functionality;
• Personal Data – personal data within the meaning of the GDPR;
• Service – a hosted search and AI-powered conversational service that enables Subscribers to provide website search functionality and AI chatbot capabilities to their end users, available via the websites https://webspeaker.pro and https://portal.webspeaker.pro and through the API;
• Service Order – an online or written ordering document specifying the subscription plan, fees, and terms applicable to Subscriber’s use of the Service;
• Subscriber – a User who has entered into a paid or free subscription agreement with the Company to use the Service;
• Subscriber Data – electronic data, content, and configurations submitted to the Service at the direction of or on behalf of Subscriber, including Indexed Content;
• Terms and Conditions or Terms – terms and conditions available on the website at https://webspeaker.pro/terms-conditions;
• Third-Party AI Provider – external artificial intelligence service providers used by the Company to power AI Services, including but not limited to OpenAI, Anthropic, and similar providers;
• Usage Data – service logs, data and learnings regarding Subscriber’s (including its end users’) interaction with the Service;
• User – any entity using the Website;
• Website – the website of the Service at https://webspeaker.pro and https://portal.webspeaker.pro;
• Newsletter – information about events, publications and any other activities in which the Company participates, sent to the e-mail address provided by the User; ordering the Newsletter is available on the Website in the user profile settings.

§ 3 Rules for using the Service Website

1. The Terms and Conditions define the principles of operation of the Website and the Service.
2. The use of the Welcome Page is free, voluntary and permitted for all Users.
3. Use of the Service may be subject to fees associated with your subscription plan.
4. Use of the Website or Service by the User constitutes acceptance of the provisions of these Terms and Conditions.
5. The Service is intended exclusively for business use (B2B). By using the Service, you represent and warrant that:
   1. you are acting in the course of your trade, business, craft, or profession;
   2. you are not a consumer within the meaning of applicable consumer protection laws, including but not limited to EU Directive 2011/83/EU on consumer rights and Polish Act on Consumer Rights of 30 May 2014;
   3. consumer protection provisions, including the right of withdrawal (14-day cooling-off period), do not apply to your use of the Service;
   4. if you are an individual, you are using the Service for purposes related to your professional or business activity, not for personal, family, or household purposes.

§ 4 User’s rights and obligations

1. Each User is obliged to use the Website and Service in accordance with the Terms and Conditions, applicable laws, and good practices.
2. The Terms and Conditions prohibit, in particular:
   1. providing false or misleading information or personal data;
   2. disseminating false information that is contrary to law or good practices regarding the content posted on the Website;
   3. violating in any way the personal rights of the Company, persons associated with it or third parties;
   4. interfering with the operation of the Website or Service, including changing the Website’s code, using or placing viruses, worms, trojans, unauthorized extensions and other mechanisms that may have a negative impact on the functioning of the Website, Service, or the software or devices of the Company or Users;
   5. posting illegal content by the User on or through the Website or Service;
   6. attempting to gain unauthorized access to any of the Company’s datacenters, systems or networks;
   7. using the Service to store, transmit or display content for fraudulent purposes or in violation of applicable laws;
   8. making the Service available to, or using the Service for the benefit of, anyone other than Subscriber’s own personnel or end users;
   9. interfering with or disrupting the integrity or performance of the Service or any third-party technology contained therein;
   10. permitting direct or indirect access to or use of the Service in a way that circumvents a usage or capacity limit;
   11. selling, reselling, licensing, sublicensing, distributing, or renting the Service except as integrated with Subscriber’s own offerings that provide additional functionality to its end users;
   12. copying, modifying or creating derivative works of the Service or any part, feature, function, or user interface thereof;
   13. accessing the Service or using the Documentation to develop a competitive product or service;
   14. except as permitted by applicable laws, reverse engineering, decompiling, translating, disassembling or otherwise attempting to extract any or all of the source code of the Service;
   15. altering, removing or obscuring any copyright, trademark or other proprietary notices on the Service.
3. Subscriber shall:
   1. use the Service in accordance with the Documentation;
   2. use commercially reasonable efforts to prevent unauthorized access to or use of the Service;
   3. promptly notify the Company of any unauthorized access or use of the Service;
   4. obtain and maintain any required consents necessary to permit the processing of Subscriber Data by the Company under these Terms;
   5. comply with laws and governmental regulations applicable to its use of the Service.
4. If Subscriber fails to comply with its obligations under this § 4 on two (2) or more occasions during any rolling twelve (12) month period, the Company may terminate the agreement immediately for cause.

§ 5 Technical requirements and cookies

1. Use of the Website and Service is possible when the user has an internet-enabled device such as a personal computer, laptop, tablet, or smartphone with a web browser.
2. Use of the API requires appropriate technical infrastructure and programming capabilities as described in the Documentation.
3. The Website uses cookies, i.e. small text information stored on the User’s end (receiving) device. Cookies are used to ensure the proper operation of the Website and for statistical purposes.
4. The user can prevent the storage of cookies or delete stored cookies through appropriate web browser settings. For detailed information about cookies we use, types of cookies, and instructions for managing cookies, please see Section 7 of our Privacy Policy at https://webspeaker.pro/privacy-policy.

§ 6 Newsletter

1. Each User using the Service Website may order the Newsletter.
2. Ordering the Newsletter of the service requires registering for the Service via the Website and providing an email address in the registration process and consenting to the provisions of the Terms and Conditions.
3. Ordering the Newsletter service is free of charge. The User agrees to immediately start providing the Newsletter sending service.
4. The User may unsubscribe from the Newsletter service at any time by turning off the option in the User’s profile settings on the Website.

§ 7 WebSpeaker Service Description

1. The Service provides hosted search and AI-powered conversational capabilities that enable Subscribers to:
   1. index and search content from their websites and data sources;
   2. provide AI-powered chatbot functionality to their end users;
   3. access search and AI features through the API;
   4. configure and customize search relevance and AI behavior through the dashboard.
2. The Company will make the Service available to Subscriber according to the applicable Service Order or subscription plan selected during registration.
3. The Company will make Documentation available that describes the API, features, and usage guides for the Service.
4. The Company will maintain administrative, physical, and technical safeguards for the security and integrity of the Service consistent with industry standard practices.
5. The Service, independent of Subscriber Data, will not transmit code, files, scripts, agents, or programs intended to do harm, including viruses, worms, time bombs, and Trojan horses (“Malicious Code”).

§ 8 Free and Beta Services

1. The Company may offer free or trial versions of the Service (“Free Services”) from time to time. If Subscriber registers for Free Services, the Company will make such Free Services available to Subscriber free of charge until the earlier of (a) the start date of any paid subscription, or (b) termination of the Free Services by the Company at its sole discretion.
2. From time to time, the Company may offer services identified as beta, pilot, developer preview, non-production, evaluation or by a description of similar import (“Beta Services”). Subscriber may accept or decline Beta Services. If accepted by Subscriber, Beta Services: (a) are provided only for evaluation purposes; (b) may not be relied on by Subscriber for production use; (c) may not be supported; and (d) may be subject to additional terms.
3. ALL FREE SERVICES AND BETA SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. FREE SERVICES AND BETA SERVICES MAY BE SUSPENDED, TERMINATED, MODIFIED, OR DISCONTINUED (IN WHOLE OR IN PART) AT ANY TIME AND FOR ANY REASON (OR NO REASON). THE COMPANY DISCLAIMS ALL OBLIGATION AND LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH FREE SERVICES OR BETA SERVICES, INCLUDING ANY OBLIGATION OR LIABILITY WITH RESPECT TO SUBSCRIBER DATA. ANY CONFIGURATIONS OR SUBSCRIBER DATA ENTERED INTO FREE SERVICES OR BETA SERVICES MAY BE PERMANENTLY LOST IF THE SERVICE IS SUSPENDED, TERMINATED, OR DISCONTINUED.

§ 9 Subscription and Fees

1. In order to use the paid features of the Service, the Subscriber must select a subscription plan during the registration process or upgrade from a free plan.
2. In the case of first registration, a free trial period may be available, during which no subscription fee is charged. After the trial period expires, the use of paid features requires payment of a subscription fee.
3. There are multiple subscription tiers available, differing in available functionalities, usage limits, and fees. Detailed descriptions of subscription tiers are available on the Website.
4. For each paid subscription plan, there are subscription periods to choose from as specified on the Website (e.g., monthly or yearly). The subscription period lasts from the day the subscription is paid for the duration specified.
5. The subscription fee is charged when activating a paid subscription plan. The fee charged entitles Subscriber to use the functionality of the given subscription plan for one subscription period. On the first day of the start of the next subscription period, another subscription fee is charged.
6. The Subscriber may cancel future subscription payments at any time by selecting the appropriate option in the Subscriber’s profile. In such case, the next subscription fee will not be charged, and after the end of the current subscription period the Subscriber’s access to paid features will be limited.
7. In the event of cancellation of the subscription fee as described in the previous point, the subscription fee for the current subscription period is non-refundable and the Subscriber may use the Service until the end of the subscription period.
8. Subscription payments are made via Paddle (https://www.paddle.com/) or other payment processors as specified on the Website.
9. Fees for Services do not include any taxes, levies, duties, or similar governmental assessments of any nature, including value-added, sales, use, or withholding taxes (“Taxes”). Subscriber is responsible for paying all Taxes associated with its subscription. If the Company is obligated by law to pay or collect Taxes for which Subscriber is responsible, the Company will invoice Subscriber and Subscriber will pay that amount unless Subscriber can provide a valid tax exemption certificate.
10. If any amount owing by Subscriber is 30 or more days overdue, the Company may, without limiting any rights and remedies, suspend the provision of Services to Subscriber until the overdue amounts are paid in full. The Company will give Subscriber at least 10 days’ prior notice that its account is overdue before suspending Services.
11. Usage-based fees, if applicable to the subscription plan, will be calculated and billed according to the pricing terms specified on the Website or in the Service Order.
12. Digital Services Exception. Without prejudice to § 3.5 (B2B only), the Service constitutes digital content that is not supplied on a tangible medium. By accepting these Terms and commencing use of the Service, you acknowledge and agree that:
    1. the performance of the Service begins immediately upon your subscription activation;
    2. you expressly consent to the immediate performance of the Service;
    3. in any event, as a business user, you acknowledge that consumer withdrawal rights do not apply to your use of the Service.

§ 10 AI and LLM Services

1. The Service includes AI-powered features, including conversational chatbot capabilities powered by large language models (LLMs) provided by Third-Party AI Providers. In accordance with Article 50 of Regulation (EU) 2024/1689 (EU AI Act), we inform you that our chatbot and other AI-powered features are powered by artificial intelligence and generate responses automatically without human intervention.
2. To support end-user transparency, the chatbot interface includes mandatory disclosures that identify AI interaction and labels for AI-generated and human support responses.
3. Subscriber must not remove, hide, alter, disable, or otherwise interfere with mandatory AI transparency disclosures and labels shown to end users in the Service interface.
4. AI OUTPUT DISCLAIMER: AI Services are provided for informational purposes only. AI Services may generate responses that are inaccurate, incomplete, outdated, or inappropriate. The Company does not guarantee the accuracy, reliability, completeness, or appropriateness of any content generated by AI Services. Subscriber acknowledges that:
   1. AI-generated responses should not be relied upon as the sole source of information for any decisions, particularly critical, legal, medical, financial, or safety-related decisions;
   2. AI outputs may contain errors, hallucinations, or fabricated information that appears plausible but is incorrect;
   3. the Company is not responsible for any actions taken or decisions made based on AI-generated content;
   4. Subscriber is solely responsible for verifying the accuracy and appropriateness of AI outputs before use or distribution.
5. Subscriber agrees to the following acceptable use requirements for AI Services:
   1. not to use AI Services to generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable;
   2. not to attempt to circumvent, disable, or interfere with safety features or content filters of AI Services;
   3. not to use AI Services to generate spam, phishing content, or malware;
   4. not to use AI Services in any manner that could damage, disable, overburden, or impair the Service;
   5. not to use AI Services to infringe on intellectual property rights of third parties;
   6. not to use AI Services to generate content that impersonates individuals or entities.
6. The Company reserves the right to monitor usage of AI Services for compliance with these Terms and to suspend or terminate access to AI Services for violations.
7. Subscriber Data processed by AI Services may be transmitted to Third-Party AI Providers for the purpose of generating responses. The Company selects Third-Party AI Providers that maintain appropriate data protection standards, but Subscriber acknowledges that such providers have their own terms of service and privacy policies.
8. The Company may modify, update, or discontinue specific AI features or change Third-Party AI Providers at any time, provided that the overall functionality of the Service is not materially decreased.

§ 11 Subscriber Data and Content Indexing

1. As between the Company and Subscriber, Subscriber retains all right, title, and interest in and to Subscriber Data. Except as expressly provided in these Terms, the Company acquires no right, title, or interest from Subscriber in or to Subscriber Data.
2. Subscriber hereby grants the Company a worldwide, non-exclusive, revocable, transferable, sublicensable, royalty-free and limited license to use, store, copy, modify, transmit, display, reproduce, and create derivative works of Subscriber Data as necessary in order for the Company to provide the Service in accordance with these Terms.
3. The foregoing license permits the Company to:
   1. index, process, and store Subscriber’s website content for search functionality;
   2. process Subscriber Data through AI Services to provide chatbot functionality;
   3. develop and improve the Company’s current and future Services;
   4. generate and publish aggregated, anonymized industry trends and statistics.
4. The Company may collect Usage Data and use it to (i) improve and support the Service and any future products and services, and (ii) generate and publish industry trends reports; provided that the Company may not disclose Usage Data to any third party unless the Usage Data has been aggregated or anonymized in a manner that does not identify, and cannot be reasonably associated with, the contents of any Subscriber Data or Subscriber.
5. Subscriber is responsible for:
   1. ensuring that Subscriber has the right to submit Subscriber Data to the Service and grant the licenses set forth herein;
   2. the accuracy, quality, and legality of Subscriber Data;
   3. obtaining any necessary consents from end users or third parties whose data may be included in Subscriber Data.
6. Indexed Content will be stored on remote servers as long as the Subscriber’s account is active. Indexed Content will be deleted within a reasonable time after account termination or upon Subscriber’s request.

§ 12 Third-Party Services

1. Subscriber may choose to use services not provided by the Company (“Non-Company Services”) with the Service and in doing so grants the Company permission to interoperate with the Non-Company Services as directed by Subscriber.
2. The Service relies on Third-Party AI Providers to power AI Services. A current list of Third-Party AI Providers is available at https://webspeaker.pro/sub-processors. By using AI Services, Subscriber acknowledges and agrees that:
   1. Subscriber Data may be transmitted to Third-Party AI Providers for processing;
   2. Third-Party AI Providers have their own terms of service and privacy policies;
   3. the Company is not responsible for the acts or omissions of Third-Party AI Providers.
3. Unless specified in a Service Order:
   1. the Company does not warrant or support Non-Company Services or Third-Party AI Providers beyond the integration provided;
   2. as between the Company and Subscriber, Subscriber assumes all responsibility for the Non-Company Services and any disclosure, modification or deletion of Subscriber Data by the Non-Company Services;
   3. the Company shall have no liability for any unavailability of Non-Company Services or any change in the ability of the Company to interoperate with Non-Company Services.

§ 13 Third-Party Reports, DMCA, and Digital Services Act

1. As an intermediary, the Company may receive notices from third parties (“Reporters”) regarding Subscriber Data or Subscriber’s use of the Service (“Reports”).
2. The Company will forward all Reports to Subscriber. Upon receipt of a Report, Subscriber will (i) acknowledge receipt of such report to the Company within two (2) business days of receipt and (ii) address the Report promptly with the Reporter, including informing the Reporter that Subscriber (and not the Company) is the appropriate party to address the matter.
3. If Subscriber fails to comply with such notice within the time period set forth, the Company may block Subscriber’s access to the Service or remove the allegedly infringing content until the requested action is taken.
4. The Company may provide Subscriber’s applicable email address to a Reporter inquiring about Subscriber Data or Subscriber’s use of the Service.
5. The Company responds to notices of alleged copyright infringement and may block access to the applicable Service or terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act of 1998 (DMCA) and applicable EU directives.
6. To submit a DMCA takedown notice, please send it to: legal@webspeaker.pro with the following information:
   1. identification of the copyrighted work claimed to have been infringed;
   2. identification of the material claimed to be infringing and its location;
   3. contact information of the complaining party;
   4. a statement that the complaining party has a good faith belief that use of the material is not authorized;
   5. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
7. Digital Services Act (DSA) Compliance. In accordance with Regulation (EU) 2022/2065 (Digital Services Act):
   1. Single Point of Contact for Authorities. The Company designates the following contact point for communications with Member States’ authorities, the European Commission, and the European Board for Digital Services: dsa@webspeaker.pro. Communications may be submitted in English or Polish.
   2. Single Point of Contact for Users. Users and Subscribers may contact the Company regarding DSA-related matters at: legal@webspeaker.pro.
   3. Notice and Action. Any person or entity may notify the Company of the presence of illegal content on the Service by submitting a notice to legal@webspeaker.pro containing: (a) explanation of why the content is considered illegal; (b) clear indication of the location of the content (URL or other identifier); (c) name and email address of the notifying party; and (d) a statement of good faith belief that the information is accurate. The Company will process such notices without undue delay, taking into account the type of illegal content and the urgency of the matter.
   4. Statement of Reasons. When the Company removes or restricts access to content, it will provide the affected Subscriber with a clear and specific statement of reasons, including: the facts and circumstances relied on; reference to the applicable legal or contractual ground; and information about redress possibilities.
   5. Internal Complaint-Handling. Subscribers affected by content moderation decisions may submit a complaint to legal@webspeaker.pro within 6 months of receiving the statement of reasons. The Company will handle complaints in a timely, non-discriminatory, and non-arbitrary manner, and inform the complainant of the outcome without undue delay.

§ 14 Technical support and monitoring

1. Technical support service via WebSpeaker support chat.
   1. Each User using the Website may contact persons performing technical support in the Company via WebSpeaker support chat in order to obtain assistance in using the Website and the Service.
   2. WebSpeaker support chat is available through the Website by selecting the chat icon.
2. Automatic problem reporting service via Sentry (https://sentry.io).
   1. If certain critical errors occur in the operation of the Service, they will be automatically reported and logged to Sentry to enable the Company to correct problems.
   2. The Company may contact the User via email to obtain more information necessary to correct logged problems.
3. Monitoring the operation of the Service using Posthog (https://posthog.com).
   1. The operation of the Service is monitored using Posthog to reproduce and correct errors, and to improve the Service by better understanding User interaction.
   2. Monitoring may include session recordings of User interaction with the Service.
4. User activity monitoring using Google Analytics (https://analytics.google.com).
   1. The Website is monitored using Google Analytics to improve the Service by understanding how Users engage with the content.
5. For detailed information about data collected by these monitoring services, please see Section 2 and Section 8 of our Privacy Policy at https://webspeaker.pro/privacy-policy.
6. All services listed in § 7 through § 14 are available to the User 24 hours a day, every day of the year. The Company reserves the right to service breaks that are as little inconvenient as possible and are necessary for the proper operation of the Website and Service. Service breaks will be announced via email sent to the User at least 12 hours in advance when reasonably possible.
7. The Company’s personnel providing technical support may have access to Subscriber Data without obtaining rights to it and ensuring data confidentiality. Access to Subscriber Data may be used only to correct problems or improve the operation of the Website or Service.

§ 15 Confidentiality

1. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or, given the nature of the information and the circumstances of disclosure, should be understood to be confidential.
2. Subscriber’s Confidential Information includes the Subscriber Data; Company’s Confidential Information includes the Service; and Confidential Information of each party includes but is not limited to the terms and conditions of any Service Orders, including pricing, business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by each party.
3. Confidential Information does not include information that: (a) is at the time of disclosure, or later becomes, generally known to the public through no fault of Receiving Party; (b) was known to the Receiving Party with no obligation of confidentiality prior to disclosure by Disclosing Party; (c) is disclosed to Receiving Party by a third party who did not directly or indirectly obtain the information subject to any confidentiality obligation; or (d) is at any time independently developed by Receiving Party without use of Disclosing Party’s Confidential Information.
4. Receiving Party shall not disclose or otherwise make available any Confidential Information of Disclosing Party to anyone except those of its employees, directors, attorneys, agents and consultants who: (a) need to know the Confidential Information in connection with the purpose of these Terms and (b) who have previously agreed to be bound by confidentiality obligations no less stringent than those in these Terms.
5. Each party shall (a) safeguard all Confidential Information of the other party with at least the same degree of care (but no less than reasonable care) as it uses to safeguard its own confidential information and (b) not use any Confidential Information of the other party for any purpose outside the scope of these Terms.
6. If Receiving Party is compelled by law to disclose Confidential Information of Disclosing Party, then to the extent legally permitted, Receiving Party shall provide Disclosing Party with prior notice of the compelled disclosure and reasonable assistance if Disclosing Party wishes to contest the compelled disclosure.

§ 16 Security

1. The Company will maintain administrative, physical, and technical safeguards for the security and integrity of the Service (“Security Measures”) consistent with industry standard practices.
2. The overall effectiveness of the Security Measures will not be materially decreased during the term of Subscriber’s subscription.
3. The Company will comply with all laws and governmental regulations applicable to the provision of the Service.

§ 17 Warranties and Service Level

1. The Company warrants that during the term of each subscription:
   1. the Service will perform materially in accordance with the applicable Documentation;
   2. the Company will not materially decrease the overall functionality of the Service;
   3. the Service will be provided with commercially reasonable uptime, as further described in any applicable Service Level Agreement (SLA) published on the Website.
2. EXCEPT AS EXPRESSLY PROVIDED IN THIS § 17, NEITHER PARTY MAKES ANY WARRANTY OR GUARANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.
3. THE COMPANY DISCLAIMS ANY WARRANTY THAT THE OPERATION OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT AI SERVICES WILL PRODUCE ACCURATE, COMPLETE, OR RELIABLE RESULTS.
4. Subscriber’s exclusive remedies for a breach of warranty shall be to exercise the express rights described in § 21 (Term and Termination) or claim any credits set forth in the applicable SLA.

§ 18 Limitation of Liability

1. IN NO EVENT WILL A PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS (REGARDLESS OF THE NUMBER OF INDIVIDUAL INCIDENTS GIVING RISE TO LIABILITY) EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY SUBSCRIBER FOR THE SERVICE GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.
2. IN NO EVENT WILL A PARTY HAVE ANY LIABILITY TO ANY OTHER PARTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, FOR ANY LOST PROFITS, LOST OPPORTUNITIES, LOST DATA, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE TYPES OF DAMAGES.
3. The above limitations will apply whether an action is in contract or tort and regardless of the theory of liability. However, the above limitations will not limit Subscriber’s payment obligations under § 9 (Subscription and Fees) or either party’s indemnification obligations under § 19 (Indemnification).
4. The foregoing disclaimers will not apply to the extent prohibited by applicable law.

§ 19 Indemnification

1. Indemnification by the Company. The Company will indemnify and defend Subscriber against any and all third party claims, suits or proceedings (“Claim Against Subscriber”) and resulting judgments, liabilities, awards, damages, and costs, including reasonable attorneys’ fees, finally awarded by a court of competent jurisdiction, based on a claim that the Service or use of the Service by Subscriber in accordance with these Terms infringes or misappropriates the third party’s intellectual property rights, provided Subscriber (a) promptly gives the Company written notice of the Claim Against Subscriber; (b) gives the Company sole control of the defense and settlement; and (c) gives the Company all reasonable assistance in connection with the defense or settlement.
2. The above defense and indemnification obligations do not apply to the extent a Claim Against Subscriber arises from (i) Subscriber Data, (ii) Subscriber’s use of Beta Services or Free Services, (iii) Non-Company Services or Third-Party AI Providers, (iv) Subscriber’s breach of these Terms, (v) any modification to the Service not made by the Company, or (vi) Subscriber’s continued use of the allegedly infringing portion of the Service after receiving notice from the Company.
3. Indemnification by Subscriber. Subscriber will indemnify and defend the Company against any and all third party claims, suits or proceedings (“Claim Against Company”) and all resulting judgments, liabilities, awards, damages, and costs, including reasonable attorneys’ fees, finally awarded by a court of competent jurisdiction, based on a claim arising out of or in connection with (i) Subscriber Data, (ii) Subscriber’s use of the Service in breach of these Terms, or (iii) infringement of third-party intellectual property rights by content indexed or processed at Subscriber’s direction, provided the Company (a) promptly gives Subscriber written notice of the Claim Against Company; (b) gives Subscriber sole control of the defense and settlement; and (c) gives Subscriber all reasonable assistance in connection with the defense or settlement.
4. This § 19 states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of claim described in this section.

§ 20 Export Compliance

1. The Service, API, and Documentation may be subject to export laws and regulations of applicable jurisdictions, and any use or transfer of the Service must be permitted under these laws and regulations.
2. Each party represents that it is not named on any government denied-party list.
3. Subscriber shall not enable use of the Service in an embargoed country or in violation of any applicable export law or regulation.
4. Subscriber shall not use the Service for any purposes prohibited by applicable export laws, including nuclear, chemical, or biological weapons proliferation.

§ 21 Term and Termination

1. These Terms are effective during the term of any active subscription. The term of a subscription shall be as specified during registration or in a Service Order.
2. Subscriptions shall renew for successive terms, unless either party gives the other notice of non-renewal before the end of the applicable term, as specified in § 9.
3. Termination for Cause. Either party may terminate the agreement for cause (a) upon 30 days’ written notice to the other of a material breach if the breach remains uncured at the expiration of the notice period or (b) if the other party becomes the subject of a proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, goes out of business, or ceases its operations.
4. Effect of Termination. Upon termination:
   1. Subscriber’s right to access and use the Service will immediately cease;
   2. Subscriber Data will be retained for at least 30 days to allow Subscriber to export data, after which it may be deleted in accordance with the Data Processing Addendum;
   3. any fees owed by Subscriber for the period prior to termination remain payable.
5. If Subscriber terminates for cause due to the Company’s material breach, the Company will refund any prepaid fees covering the remainder of the term after the effective date of termination.
6. If the Company terminates for cause due to Subscriber’s material breach, Subscriber will pay any unpaid fees covering the remainder of the term.
7. Any term or condition that by its nature is clearly intended to survive the expiration or termination of these Terms shall survive, including § 15 (Confidentiality), § 17 (Warranties), § 18 (Limitation of Liability), § 19 (Indemnification), and § 24 (Final Provisions).

§ 22 Force Majeure

1. Except for payment obligations, neither party will be liable for failure to perform or inadequate performance to the extent caused by a condition that was beyond the party’s reasonable control, including an act of God, natural disaster, act of war or terrorism, riot or civil unrest, labor conditions, governmental action, disruption of telecommunications, failure or delay of internet service providers, disruption of power or other essential services, or pandemic.

§ 23 Personal Data

1. With respect to Personal Data provided by the User during registration using the Website, the Company acts as the Administrator.
2. The principles of Personal Data processing are described in a separate Privacy Policy document available on the Website at https://webspeaker.pro/privacy-policy.
3. To the extent the Company processes any personal data contained in Subscriber Data on behalf of Subscriber, the terms of the Data Processing Addendum (DPA) available on the Website will apply.

§ 24 Contact and complaints

1. The Company exercises due diligence to ensure the proper operation of the Website and Service. The User has the right to report reservations regarding the operation of the Website via the support chat or to the e-mail address: support@webspeaker.pro.
2. The User using the services described in these Terms has the right to submit complaints to the e-mail address: support@webspeaker.pro.
3. The notifications and complaints referred to above should include a detailed description of the objection and the User’s email address so that the Company can send a response.
4. The Company may ask the User to provide additional information needed to respond.
5. The Company is obliged to respond within 14 days of receiving full information, including a detailed description of the objection and the User’s email address.
6. For legal notices (including notices of termination or indemnifiable claims), please contact: legal@webspeaker.pro.

§ 25 Changes to the Terms and Conditions

1. The Company has the right to change the Terms and Conditions.
2. Material changes to the Terms and Conditions will be announced via email to registered Users at least thirty (30) days before the changes become effective.
3. The change to the Terms and Conditions comes into force when the changes are posted on the Website or on the day indicated in the amendments.
4. An adversely affected Subscriber may terminate the agreement without penalty upon notice to the Company within ten (10) days of the effective date of the revised Terms.
5. Subscriber’s continued use of the Service after the effective date of changes constitutes acceptance of the modified Terms.

§ 26 Final Provisions

1. The law applicable to the Terms and Conditions is Polish law.
2. In matters not regulated by the provisions of the Terms and Conditions, the relevant provisions shall apply, in particular the provisions of the Civil Code (consolidated text: Journal of Laws of 2014, item 121, as amended), GDPR and other provisions of generally applicable law regarding the protection of personal data.
3. Neither party may assign any of its rights or obligations under these Terms without the other party’s prior written consent, except that either party may assign the agreement in its entirety to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets.
4. The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
5. There are no third-party beneficiaries under these Terms.
6. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions will remain in effect.
7. No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right.
8. These Terms, together with any applicable Service Orders and the Privacy Policy, constitute the entire agreement between the parties concerning the subject matter hereof and supersede all prior agreements, proposals, or representations.

Document version

1.0 of 01 January 2026