Terms of Service

1. Acceptance of the Terms

These Terms of Service (the "Terms") form a binding agreement between you ("you") and Igor Apelski – iasoftware (Polish Tax ID / NIP: 5242985396), based at Marcina Kasprzaka 31/119, 01-234 Warsaw, Poland ("Witnessy", "we", "us" or the "Provider"), governing your use of the Witnessy mobile application and related features (the "App").

Before you start using the App, please review these Terms and the Privacy Policy. Downloading, installing or using the App means you accept these Terms. If you do not agree with them, do not use the App.

Please read Section 6 (Lawful recording), Section 16 (Disclaimer of warranties) and Section 17 (Limitation of liability) carefully, they materially affect your rights and obligations.

2. Definitions

• App: the Witnessy application for Android, together with its features, updates and documentation.
• Loop: continuous background recording that keeps only the most recent audio within a time window you set (e.g. 7 days), automatically deleting older audio.
• Segment: a continuous portion of the Loop recording saved as a single file. You set the Segment length yourself (1, 3, 6, 12 or 24 hours, aligned to whole hours counted from midnight); once it elapses, the App closes the current Segment and automatically starts a new one.
• Recording: audio captured by the App through the device microphone, whether as part of the Loop or kept by you as a Saved Recording.
• Saved Recording: a segment you deliberately keep and that is not automatically deleted by the Loop.
• Transcription: text generated on your device from a Recording using an offline speech-recognition model.
• Premium: a paid subscription that unlocks additional features (see Section 11).
• Content: your Recordings, Transcriptions, titles, notes and related data.

3. Eligibility and age

To use the App you must be at least 18 years old (or older, if the age of majority in your place of residence is higher) and have full legal capacity. The App is intended for adults and is not directed to children. If you use the App on behalf of an organisation, you represent that you are authorised to accept these Terms on its behalf, and "you" then includes that organisation.

4. Licence to use the App

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use the App on a device that you own or control, for your own lawful use. We reserve all rights not expressly granted. This licence terminates automatically if you breach these Terms or stop using the App.

5. What Witnessy is, and is not

Witnessy is a consumer audio-recording tool that continuously captures sound in the background and keeps a rolling window of the most recent material, so that you can go back, listen and permanently save the segment you need. It can transcribe recordings and search for spoken words within them, entirely on your device.

No guarantee of continuous recording. Background recording depends on your device and on Android. The operating system may pause, throttle or stop the App at any time, for example due to battery optimisation, low memory or low storage, a restart or shutdown of the device, or during a system or App update. We do not guarantee that recording will be continuous, complete or uninterrupted, or that any particular moment will be captured. To improve reliability, follow the guidance in the App and our Best practices (for example, exempting the App from battery optimisation and restarting the Loop periodically).

6. Lawful recording, your responsibility

The following examples are illustrative only, do not constitute legal advice, and are not a complete statement of the law in any location:

• Consent of the parties. Some jurisdictions allow recording a conversation if at least one party consents (which may be you), so-called "one-party consent". Others require the consent of all parties. For example, in the United States federal law and many states follow the one-party rule, yet a number of states require all-party consent, recording without the required consent may be a criminal offence and expose you to civil liability.
• Data protection law. Recording identifiable people may constitute processing of their personal data. Regimes such as the GDPR, UK GDPR, Brazil's LGPD, Japan's APPI, India's DPDP Act and various U.S. state laws may impose obligations on you, especially where you record outside a purely personal or household activity, or where you share or publish recordings.
• Privacy, personal rights and place. Even where recording your own conversation is permitted, secretly recording other people, including recording conversations you are not part of (e.g. by leaving a recording device while you are absent), or recording in private spaces, in the workplace or of specific individuals, may violate privacy or personal rights, labour law or other rules.

You undertake that: you will obtain any legally required consent and provide any required information before and during recording; you will not record where it is prohibited, nor anyone in circumstances of a reasonable expectation of privacy without a legal basis; you will use, store and delete Recordings and Transcriptions in accordance with the law; and you will not use the App for unlawful surveillance, harassment, intimidation, blackmail, defamation, or to infringe anyone's rights.

The in-app reminder ("Record within the law") is intended only to draw your attention and does not constitute legal advice. If you are in doubt, seek qualified legal advice appropriate to your jurisdiction before recording. You are responsible for the consequences of your recordings and agree to indemnify us in accordance with Section 18.

7. Your recordings and data

Your Content belongs to you. We do not claim ownership of it.

• We have no access to your Content. Your Recordings, Transcriptions and related data are stored on your device, with finished Loop Segments, Saved Recordings and Transcriptions kept encrypted; we do not receive them, have access to them or control over them. See the Privacy Policy for details.
• You are responsible for your device and backups. We do not store any copy of your Content. If your device is lost, damaged or reset, or the App is uninstalled or its data cleared, your Content will be permanently lost and we will not be able to recover it. If something is important to you, export it and keep your own secure copy.
• Exported files are your responsibility. When you export a Recording to a location of your choosing, it leaves the App's protection. You are responsible for that file and for wherever you send or store it.

8. Rules for using the App

You undertake in particular that you will not:

• use the App unlawfully or in a way that infringes or misappropriates the rights of others (including rights to privacy, image, data protection, confidentiality or intellectual property);
• use the App to create, store or distribute Recordings in breach of Section 6;
• reverse engineer, decompile or disassemble the App, or attempt to obtain its source code, except to the extent such a restriction is prohibited by applicable law (e.g. statutory interoperability rights);
• circumvent, disable or interfere with any security, licensing, entitlement or Premium mechanisms, or access Premium features without a valid subscription;
• copy, modify, distribute, sell, rent or create derivative works of the App, except as permitted by these Terms or applicable open-source licences;
• disrupt the normal operation of the App, or use it to transmit malicious software or to overload or damage any system;
• use the App in breach of Google Play policies or the terms of your device's operating system.

9. Accuracy of transcription and search

Transcription and word search are provided on an as-available basis and run on your device using open-source technology and third-party speech-recognition models. Transcriptions may be inaccurate, incomplete or wrong, and their quality depends on language, accent, audio quality, background noise and the installed model. Words the model is uncertain about may be hidden as "…". Transcriptions are not certified or verbatim records. Do not rely on a Transcription for any material purpose without comparing it against the original recording.

10. No evidentiary guarantee

We make no representation that Recordings or Transcriptions are accurate, complete, authentic, tamper-proof, correctly timed, or admissible or reliable as evidence in any legal, disciplinary or other proceeding. Whether a given Recording or Transcription can be used, and what weight it carries, is determined by applicable law and by the relevant court, authority or adjudicating body. You are solely responsible for the lawful collection, preservation and handling of any material.

11. Subscriptions and payments (Witnessy Premium)

The App offers free features and an optional paid Witnessy Premium subscription that unlocks additional features (their current scope is described in Section 12 and on the Premium screen in the App). Premium is sold and billed through Google Play, and your purchase is also subject to Google Play's terms. We do not process your payment and do not receive your payment data, Google does.

Plans, price and free trial

Premium is offered on a monthly or an annual plan. A limited free trial (e.g. 7 days) may be available to eligible new subscribers. The exact price, currency, taxes, billing period and any trial are presented in the App and at the point of purchase in Google Play, which localises prices to your country. If you subscribed previously, you may not be eligible for a trial.

Automatic renewal

Premium is a subscription that renews automatically. Unless you cancel, the subscription will renew at the end of each billing period and your Google account will be charged the then-current price. A free trial converts into a paid subscription when it ends, unless you cancel beforehand.

Cancellation and refunds

You can cancel at any time via Google Play → Subscriptions (also accessible from within the App). Cancelling stops future renewals; you keep Premium until the end of the paid period. Payments are taken by Google, so refunds are handled by Google Play under its policies and subject to your non-waivable statutory rights. Direct refund requests through Google Play.

Price changes and end of Premium

We may change Premium prices for future billing periods; where required by law or Google Play, a change will only take effect after your consent or after you have been given the opportunity to cancel. If Premium expires, features that require Premium stop being available and Loop retention returns to the free limit (currently 1 day). Audio older than the free window is locked and, after a short grace period (currently about 3 days), may be permanently deleted. If you have Recordings you want to keep, export them before Premium ends.

12. Features and availability

The set of features, and which of them are free and which are part of Premium, is presented in the App and may change over time as features are improved, added or removed. Currently, Premium features include, among others, an extended Loop (up to 31 days), on-device transcription, and word search within recordings. Some features may be marked as beta or experimental and may be less reliable, subject to change or withdrawn. We may set minimum operating-system or device requirements. Nothing in this section obliges us to maintain any particular feature.

13. Third-party and open-source components

The App includes open-source software made available under its own licences, including: the Vosk speech-recognition engine and Java Native Access (JNA); the AndroidX libraries and Material Components; and Media3 / ExoPlayer. Attribution and licence texts for these components are available in the App (the "Open-Source Licenses" screen).

The App also uses Google components, the Google Play Billing Library and Google Play services: which are not open-source software and are provided under Google's applicable licence terms (including the Android Software Development Kit License Agreement).

The offline language models you can download for transcription are third-party works licensed under the Apache 2.0 licence and are downloaded from the Vosk model repository operated by Alpha Cephei (alphacephei.com). These models and other third-party components are provided by their authors "as is", without any warranty, and your use of them is subject to their licences.

14. Intellectual property

Except for your Content and third-party components, the App and everything in it, including its software, design, look and feel, text, graphics and the "Witnessy" name and logo, is owned by us or our licensors and is protected by intellectual-property law. These Terms grant you only the limited licence in Section 4; they transfer no ownership and grant no trademark rights. You may not use our name, logo or marks without our prior written consent.

15. Updates and changes to the App

We may provide updates and may add, change, suspend or withdraw features, or the whole App, at any time. Installing an update or certain system events will stop the Loop; you may need to restart it (see Section 5 and our Best practices). We are not liable for interruptions to recording caused by an update, by Google Play, or by your device or operating system.

16. Disclaimer of warranties

The App and all related features and third-party components are provided "as is" and "as available", without warranties of any kind, express, implied or statutory, to the fullest extent permitted by law. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the App will operate uninterrupted, error-free or securely; that recording will be continuous or complete; that any moment will be captured; or that Transcriptions will be accurate.

Your statutory rights. Some jurisdictions do not allow the exclusion of certain warranties or implied consumer guarantees. Nothing in these Terms excludes, limits or modifies any warranty, guarantee or consumer right that cannot be excluded, limited or modified under applicable law. If you are a consumer, you may have statutory rights that go beyond these Terms.

17. Limitation of liability

To the fullest extent permitted by law:

• we are not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill or data; for the loss, deletion, corruption or non-capture of any Recording or Transcription; or for any interruption, failure or unavailability of recording, whatever the cause;
• we are not liable for any loss or damage arising from your use of Recordings or Transcriptions, from your breach of Section 6 or Section 8, or from the acts of third parties (including Google, Alpha Cephei or your operating system).

Mandatory-law carve-out. The above limitations do not exclude or limit our liability in cases where it cannot be excluded or limited under applicable law, including in the event of our wilful misconduct. If you are a consumer, these limitations apply only to the extent permitted by the law protecting you and do not affect your non-waivable rights.

18. Indemnification

To the extent permitted by law, you agree to indemnify and hold us harmless from all claims, liabilities, damages, losses and expenses (including reasonable legal costs) arising out of or related to: (a) your use of the App; (b) your Recordings, Transcriptions or Content; (c) your breach of these Terms, including Section 6; or (d) your violation of any law or the rights of third parties. This section does not apply to the extent a claim arises from our own breach of the Terms or our unlawful conduct, or where prohibited by consumer-protection law.

19. Term and termination

These Terms apply for as long as you use the App. You may end them at any time by ceasing to use the App and uninstalling it (which removes its data from your device). We may suspend or terminate your licence or limit access to features if you breach these Terms, if required by law or Google Play, or if we discontinue the App. Termination does not entitle you to a refund, except where required by law or Google Play policies. Provisions that by their nature should survive termination (including Sections 6, 7, 14, 16–18 and 20) remain in force.

20. Governing law and disputes

These Terms are governed by Polish law, excluding its conflict-of-law rules. If you are a consumer, this choice does not deprive you of the protection of the mandatory provisions of the law of your country of habitual residence, and disputes may be brought before a court having jurisdiction over you.

We are not obliged to participate in proceedings before a consumer dispute-resolution body unless required by law.

21. Consumer right of withdrawal

If you are a consumer in the EU/EEA or the UK, you generally have a 14-day right to withdraw from a purchase of digital services. Because Premium gives immediate access to digital content and services, on subscribing (including starting a free trial that converts into a paid subscription) you may be required to give your express consent to immediate performance and to acknowledge that you lose the right of withdrawal once the service is fully performed. Where you retain a right of withdrawal, you may exercise it through Google Play.

Other jurisdictions. Consumers in other countries may have analogous, non-waivable withdrawal or refund rights under local law, for example, consumers in Brazil generally have a 7-day right of withdrawal for distance contracts (Art. 49 of the Consumer Protection Code). Nothing in these Terms limits such rights. Because payments are handled by Google, these rights are exercised through Google Play. Your statutory rights remain unaffected.

22. Complaints

You may send complaints about the App's operation to support@witnessy.com, describing the problem and indicating your device model and system version. We will consider the complaint and respond within 14 days of receiving it. Using the complaints procedure does not limit or exclude your rights under mandatory consumer-protection law.

23. Changes to the Terms

We may update these Terms from time to time for valid reasons (e.g. changes in law, expansion of functionality). When we make a material change, we will update the "Last updated" date above and, in line with the re-acceptance mechanism in the App, ask you to review and accept the updated Terms before continuing to use it. To the extent permitted by law, continued use of the App after the changes take effect constitutes acceptance; if you do not agree, stop using the App.

24. General provisions

• Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and us regarding the App.
• Severability. If any provision is found invalid or unenforceable, the remaining provisions remain in force.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets, or by operation of law.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Notices. We may give notices through the App, on Google Play or at witnessy.com.
• Language. These Terms are made available in several language versions. In the event of a discrepancy, the Polish version prevails, unless mandatory consumer-protection law provides otherwise.

25. Contact

• Provider: Igor Apelski – iasoftware (Polish Tax ID / NIP: 5242985396)
• Email: support@witnessy.com
• Address: Marcina Kasprzaka 31/119, 01-234 Warsaw, Poland
• Website: witnessy.com

See also our Privacy Policy.