Terms of Service

1. ACCEPTANCE OF TERMS

By accessing or using Effectively ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

2. SERVICE DESCRIPTION

Effectively provides an AI-powered transcription service that:

• Transcribes audio content from YouTube videos
• Processes and analyzes transcribed text using artificial intelligence
• Provides text summaries and key point extraction
• Enables users to manage and export their transcription results

3. USER ACCOUNTS AND REGISTRATION

3.1 Account Creation

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the security of your account credentials
• You must be at least 13 years old to use the Service

3.2 Account Security

• You are solely responsible for all activities that occur under your account
• You must immediately notify us of any unauthorized use of your account
• We reserve the right to suspend or terminate accounts at our discretion

4. ACCEPTABLE USE POLICY

4.1 Permitted Uses

You may use the Service to:

• Transcribe YouTube videos for which you have appropriate rights or permissions
• Process text for legitimate educational, business, or personal purposes
• Export and download your transcription results

4.2 Prohibited Uses

You may not use the Service to:

• Process copyrighted content without proper authorization
• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Distribute malware, spam, or other harmful content
• Attempt to reverse engineer or exploit the Service
• Use automated tools to abuse the Service
• Engage in any activity that could harm the Service or its users

4.3 Malicious Access Prevention

• Accounts may be blocked or terminated for malicious access attempts, regardless of plan type
• This includes but is not limited to: unauthorized API access, system exploitation, or abuse of service resources
• Even users with unlimited access plans are subject to account blocking for malicious behavior
• We reserve the right to investigate and take appropriate action against suspicious activities

4.4 User Responsibility for Content Rights

By submitting any content URL, you represent and warrant that:

• You own the content or have explicit permission to transcribe it
• Your use complies with all applicable platform terms of service
• You assume full legal responsibility for any violations
• You understand that content extraction may violate platform policies
• You will defend us against any claims arising from your submissions

4.5 Legal Risk Acknowledgment

You acknowledge and agree that:

• Content extraction practices exist in a complex legal environment
• Platform policies may prohibit automated content access
• Legal precedents regarding extraction are limited and evolving
• You use this service entirely at your own legal and financial risk
• We cannot guarantee continued availability of extraction capabilities

5. CONTENT AND INTELLECTUAL PROPERTY

5.1 Your Content and Legal Compliance

• You retain ownership of content you submit for processing
• You grant us necessary licenses to process content as required for service delivery
• You represent you have ALL necessary rights and permissions for submitted content
• You assume full liability for copyright infringement or platform policy violations
• You agree to indemnify us against any claims related to your content submissions

5.2 YouTube Content Compliance

• You must comply with YouTube's Terms of Service when submitting video URLs
• You are responsible for ensuring you have the right to transcribe submitted content
• We do not monitor or verify the rights status of submitted content

5.3 Our Intellectual Property

• The Service and its technology are protected by intellectual property laws
• You may not copy, modify, or distribute our proprietary technology
• All trademarks and service marks are the property of their respective owners

5.4 Platform Compliance

Users must comply with the terms of service of source platforms. We do not monitor compliance and expressly disclaim responsibility for user violations of third-party platform policies. You acknowledge that using our service may conflict with certain platform terms and you accept all associated risks.

5.5 DMCA Copyright Policy

5.5.1 Copyright Compliance

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond to properly submitted notices of alleged copyright infringement.

5.5.2 Filing a DMCA Takedown Notice

If you believe that content processed through our Service infringes your copyright, you may submit a DMCA takedown notice containing the following information:

Required Information:

• A physical or electronic signature of the copyright owner or authorized representative
• Identification of the copyrighted work claimed to have been infringed
• Identification of the allegedly infringing material and information to locate it
• Your contact information (address, telephone number, email address)
• A statement that you have a good faith belief that use of the material is not authorized
• A statement that the information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Send DMCA notices to:

• Email: support@effectively.cloud
• Subject Line: "DMCA Takedown Notice"

5.5.3 Counter-Notification Process

If you believe your content was removed in error, you may submit a counter-notification containing:

Required Information:

• Your physical or electronic signature
• Identification of the material that was removed and its location before removal
• A statement under penalty of perjury that the material was removed by mistake or misidentification
• Your contact information and consent to jurisdiction of federal court
• A statement that you consent to service of process from the person who provided the takedown notice

Send counter-notifications to:

• Email: support@effectively.cloud
• Subject Line: "DMCA Counter-Notification"

5.5.4 Processing of DMCA Notices

Upon receipt of a valid DMCA takedown notice, we will:

• Remove or disable access to the allegedly infringing content
• Notify the user who submitted the content
• Provide the user with a copy of the takedown notice
• Document the notice for our records

5.5.5 Repeat Infringer Policy

We maintain a policy of terminating accounts of users who are repeat copyright infringers. Users who receive multiple valid DMCA takedown notices may have their accounts suspended or terminated at our discretion.

5.5.6 False Claims

Please note that making false claims in a DMCA notice or counter-notification may result in legal liability. Before submitting a DMCA notice, ensure that you have a good faith belief that the use is not authorized by the copyright owner.

5.5.7 Limitations

This DMCA policy applies to content processed through our Service. We do not monitor user submissions for copyright infringement and rely on copyright owners to identify and report infringing content. We operate as a service provider under DMCA safe harbor provisions. We do not review user content before it is processed and rely on copyright owners to notify us of infringements.

6. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

7. SERVICE AVAILABILITY AND LIMITATIONS

7.1 Service Availability

• We strive to maintain high availability but do not guarantee uninterrupted service
• The Service may be temporarily unavailable due to maintenance, updates, or technical issues
• We depend on third-party services and are not responsible for their availability

7.2 Accuracy Disclaimer

• Transcription results are generated using AI technology and may contain errors
• We do not guarantee the accuracy, completeness, or reliability of transcriptions
• You should verify important information independently
• The Service is not suitable for legal, medical, or other critical applications
• Content extraction methods may change or become unavailable
• Some content may be protected by technical measures we cannot bypass
• We make no representations about the legality of content extraction methods
• Users assume all risks related to extraction reliability and legal compliance

7.3 Processing Limitations

• Processing times may vary based on content length and system load
• Some content may be unsuitable for transcription due to technical limitations
• We reserve the right to decline processing requests that violate these Terms

7.4 Service Discontinuation

We reserve the right to immediately suspend or discontinue service features without notice due to:

• Legal challenges or cease and desist orders
• Changes in platform policies or technical countermeasures
• Regulatory requirements or legal obligations
• Technical issues beyond our control

You acknowledge this risk and waive claims for service interruption damages.

8. PAYMENT AND BILLING

8.1 Plans and Pricing

• Current pricing and plan details are available on our website
• Prices may change with reasonable notice
• Some features may require a paid subscription

8.2 Billing and Payments

• Subscription fees are billed in advance
• All payments are non-refundable unless otherwise specified
• You are responsible for applicable taxes

8.3 Cancellation

• You may cancel your subscription at any time
• Cancellation takes effect at the end of the current billing period
• You retain access to the Service until the end of the paid period

9. DISCLAIMERS AND LIMITATION OF LIABILITY

9.1 Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

9.3 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

9.4 Platform Compliance Disclaimer

WE SPECIFICALLY DISCLAIM ANY RESPONSIBILITY FOR:

• COMPLIANCE WITH SOURCE PLATFORM TERMS OF SERVICE
• LEGAL CONSEQUENCES OF CONTENT EXTRACTION METHODS
• AVAILABILITY OF EXTRACTION CAPABILITIES
• CONFLICTS BETWEEN OUR SERVICE AND PLATFORM POLICIES

10. INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless from and against any claims, damages, losses, and expenses arising out of or relating to your use of the Service, your violation of these Terms, or your violation of any rights of others.

11. TERMINATION

11.1 Termination by You

You may terminate your account at any time by following the cancellation procedures in your account settings.

11.2 Termination by Us

We may suspend or terminate your account at any time for:

• Violation of these Terms
• Malicious access attempts or abuse of the Service
• Non-payment of fees
• Any other reason at our sole discretion

11.3 Effect of Termination

Upon termination:

• Your access to the Service will cease
• You may lose access to your data and transcriptions
• You remain liable for any outstanding fees
• Provisions that by their nature should survive termination will remain in effect

11.4 Emergency Service Modification

In response to legal challenges, platform changes, or technical issues, we may:

• Immediately disable specific features without notice
• Modify service functionality to ensure legal compliance
• Implement usage restrictions or content filtering
• Terminate service entirely if legally required

No refunds or compensation will be provided for emergency modifications.

12. DISPUTE RESOLUTION

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions.

12.2 Arbitration

(a) For disputes under €10,000: Either party may choose binding arbitration under the ICC Expedited Procedure Rules or pursue the matter in the competent courts of Warsaw, Poland.

(b) For disputes over €10,000: Binding arbitration under the ICC Rules, conducted in English in Warsaw, Poland or online.

12.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and us individually. You waive any right to participate in class action lawsuits or class-wide arbitrations.

13. GENERAL PROVISIONS

13.1 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

13.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

13.4 Assignment

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

13.5 Waiver

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

13.6 Legal Force Majeure

We shall not be liable for service interruptions caused by:

• Legal challenges to content extraction practices
• Platform countermeasures or policy enforcement
• Regulatory changes affecting our operations
• Court orders or legal proceedings

Such events constitute force majeure beyond our reasonable control.

13.7 Contact Information

If you have questions about these Terms, please contact us at:

• Email: support@effectively.cloud