PoraCap

Terms of Use

Effective date: [DD.MM.YYYY]

1. Definitions

• Provider / Controller — [Company full name], [legal form], registered office at [address], Tax ID (NIP) [NIP], REGON [REGON][, KRS [KRS]], e-mail: sorokastudios@gmail.com.
• Website — poracap.com and its subpages.
• Service — the electronic service of automatic subtitle generation (transcription, correction and translation) using artificial intelligence, delivered via the Plugin and an Account.
• Plugin — the PoraCap software installed in Adobe Premiere Pro and Adobe After Effects (and, in the future, other applications).
• Account — the User's individual account enabling use of the Service.
• User — a natural person, legal person or organizational unit using the Service.
• Consumer — a User who is a consumer under applicable law, including an entrepreneur with consumer rights.
• Plan / Subscription — a paid or free access package with a defined monthly minute limit and features (Free, Starter, Pro, Studio, Lifetime and others).
• User Content — audio/video material and text submitted or processed by the User within the Service.

2. General provisions

1. Using the Service requires Internet access, an active e-mail account, Adobe Premiere Pro or After Effects version 23.0 or later, and a compatible system (Windows or macOS).
2. The Service relies on third-party providers (including AI model providers), as described in the Privacy Policy.
3. The User must not provide unlawful content.

3. Account and security

1. The Service requires creating an Account (e-mail and password, or Google sign-in).
2. An Account is personal and intended for use by one User. Sharing, reselling or transferring login credentials is prohibited.
3. To prevent abuse, the Provider applies a limit on the number of devices assigned to an Account per billing period. Exceeding it may result in restricted access.
4. The User is responsible for keeping credentials confidential and for actions taken via their Account.
5. The Provider may suspend or block an Account in case of breach of these Terms, suspected abuse, account sharing or circumvention of limits.

4. Scope and nature of the Service

1. The Service automatically generates subtitles: transcription of a recording, optional punctuation correction and translation, and insertion of subtitles onto the host application's timeline or provision of an SRT file.
2. Transcription and translation are performed automatically by AI models. The Provider does not warrant the accuracy, completeness or fitness for a particular purpose of the results. The User must independently review and correct generated content before use.
3. The Service may be developed, modified or limited; specific features may be available only in selected Plans.
4. The Provider makes efforts to keep the Service available but does not guarantee uninterrupted availability, in particular due to maintenance, outages or third-party providers.

5. Plans, minutes and payments

1. The scope of the Service depends on the selected Plan. Current Plans, prices and minute limits are shown on the Website.
2. Prices are stated in PLN and may be subject to applicable taxes. Invoices are issued based on the data provided by the User.
3. Subscriptions are billed monthly or annually. The minute limit renews at the start of each billing period; unused minutes do not roll over unless stated otherwise.
4. Payments are handled by a third-party payment provider. Until online payments launch, paid Plans may be activated individually.
5. Failure to pay for the next period results in the Account switching to the free Plan or suspension of paid features.
6. The Provider may offer promo codes, coupons, trials and free access under terms defined for each promotion.

6. Right of withdrawal (Consumer)

1. A Consumer who concludes a distance contract may withdraw from it without giving a reason within 14 days, in accordance with applicable consumer law.
2. The Service involves supplying digital content and digital services. By starting to use the Service before the withdrawal period ends, the Consumer:
   • consents to immediate commencement of the Service, and
   • acknowledges that they lose the right of withdrawal with respect to digital content/services that have been fully performed.
3. If the Consumer withdraws before full performance while performance has already begun with their consent, they must pay for services rendered until withdrawal.
4. Withdrawal notices may be sent to: sorokastudios@gmail.com.

7. Plugin license and intellectual property

1. The Plugin, Website, software, trademarks, logos, code and interface are owned by the Provider or its licensors and are protected by law.
2. The Provider grants the User a non-exclusive, non-transferable, revocable license to use the Plugin solely to use the Service, for the term of the agreement.
3. The following are prohibited in particular: copying, distribution, resale, rental, decompilation, disassembly, reverse engineering, modification, creating derivative works, removing protections, and using the Plugin beyond the license scope.
4. Breach of this section is a material breach of these Terms and may result in immediate termination and liability for damages.

8. User Content

1. The User retains all rights to their User Content.
2. The User represents and warrants that they hold all rights and consents necessary to process the submitted Content (including copyright and consents of persons appearing in recordings) and that such processing does not infringe third-party rights or the law.
3. The User grants the Provider and its sub-processors a limited license to process User Content solely to perform the Service (e.g., sending audio for transcription, generating subtitles).
4. Data processing is described in the Privacy Policy. Audio submitted for transcription is not permanently stored on the Provider's servers.

9. Acceptable use

Using the Service unlawfully or contrary to these Terms is prohibited, in particular:

• processing unlawful content or content infringing third-party rights, personal rights, copyright or personal data;
• circumventing limits, protections or billing mechanisms;
• account sharing, automated mass usage, or actions overloading the infrastructure;
• attempts to gain unauthorized access to, copy or reproduce the Plugin or Service;
• using the Service to create harmful, misleading or infringing content.

10. Liability

1. The Service is provided with due care. To the fullest extent permitted by law, the Provider is not liable for:
   • errors, inaccuracies or omissions in results generated automatically by AI;
   • the User's decisions and the consequences of using the results;
   • indirect damage, lost profits, loss of data or interruptions arising from causes beyond the Provider's control, including third-party providers.
2. To the extent permitted by law, the Provider's total liability to the User is limited to the fees paid by the User for the Service in the 3 months preceding the event.
3. The above limitations do not exclude or limit liability to the extent it cannot be excluded or limited under mandatory law, in particular towards Consumers (including intentional damage and statutory conformity/warranty rights).

11. Complaints and disputes

1. Complaints may be sent to sorokastudios@gmail.com with User details and a description of the issue.
2. The Provider handles complaints within 14 days of receipt.
3. Consumers may use out-of-court dispute resolution, including the EU ODR platform: ec.europa.eu/consumers/odr.

12. Termination

1. The User may stop using the Service and delete their Account at any time.
2. The Provider may terminate the agreement or block access in case of a material breach of these Terms, respecting Consumer rights.

13. Changes to the Terms

1. The Provider may amend these Terms for valid reasons (legal, technical or scope changes), with reasonable notice via the Website or e-mail.
2. Continued use after changes take effect means acceptance. A Consumer who does not accept changes may terminate the agreement.

14. Governing law and final provisions

1. Matters not regulated herein are governed by Polish law. Mandatory consumer-protection provisions apply to Consumers.
2. Disputes with Users who are not Consumers are subject to the court competent for the Provider's registered office.
3. If any provision is found invalid, the remaining provisions remain in force.
4. These Terms are effective from [DD.MM.YYYY].