Terms of Use for the “Witnessy” App

1. Information about the Provider

The provider and owner of the “Witnessy” mobile application (the “App”) is IASoftware, based at
Marcina Kasprzaka 31/119, 01-234 Warsaw, Poland.

Contact: support@witnessy.com.

These Terms are made available free of charge on witnessy.com and in the App in a manner that allows them to be obtained, reproduced, and stored.

2. Definitions

• User — a natural person using the App.
• Recordings — audio files created by the User in the App.
• Service — the App’s functionalities, including the recording loop, playback, and saving segments.
• Device — a mobile device running Android that meets the technical requirements.

3. Scope and nature of the service

The App enables continuous listening via the device microphone and maintaining a recording loop from which the User can save a chosen segment as a permanent recording and play it back later.

The App may run in the background using a foreground service; while recording, a persistent system notification is displayed.

• The App is free and includes ads.
• It does not create a User account or provide cloud storage for Recordings.
• Availability and technical parameters (e.g., maximum loop length, export format) may change with updates.

4. Technical requirements

• Android 10 (API 29) or newer; microphone access; sufficient free storage.
• Internet access is required to display ads and consent forms.
• Full functionality requires granting the RECORD_AUDIO permission and enabling the background service.

5. Rules for responsible and lawful use

Legality of recording: Laws in many jurisdictions require prior consent of participants or meeting other conditions. The User is solely responsible for obtaining any legally required consents and for using the App in compliance with the law, social norms, and good practice.

Prohibitions: It is forbidden to use the App for unlawful activities, including illegal surveillance, stalking, invasions of privacy, violations of the secrecy of communications, trade secrets, or copyrights.

The Provider may block access to the App (to the extent technically possible, e.g., by withdrawing it from distribution) in the event of gross violations of these Terms or the law.

6. Data and privacy

Recordings are stored locally on the User’s Device and—within the scope provided in the App—may be encrypted at rest using Android mechanisms (EncryptedFile/AndroidKeyStore).

The Provider has no access to the Recordings and does not transmit them to external servers.

The User can export selected Recordings to the .m4a format to a chosen folder. After export, the file is no longer covered by the App’s encryption—the User is responsible for any further sharing and securing of the file.

The App uses third-party services (e.g., Google AdMob, User Messaging Platform) to display ads and manage consents. Data used by these services (e.g., advertising identifiers, IP address, device information) is processed according to those parties’ policies.

For details, see the Privacy Policy available at witnessy.com/privacy.html and in the App.

7. User Content and intellectual property

• Recordings are the User’s property. The Provider does not claim rights to the content of the Recordings.
• The User represents that they have the rights and consents needed to create, store, and, if applicable, share the Recordings.
• Text materials, graphics, and the App software (excluding open-source components) are the property of the Provider or its licensors and are protected by law.

8. Open-source components

The App uses open-source components; their list and license terms are available on the “Open-Source Licenses” screen. For those components, the respective licenses take precedence.

9. Ads and consents

• The App displays ads served by Google AdMob.
• In regions where required, the User Messaging Platform (UMP) may request the User’s consent regarding data and ad personalization. Lack of consent may limit how ads are shown.
• The User may change privacy settings at any time in the App (if available) or in system/Google settings.

10. Liability

The App is provided “as is”. The Provider does not guarantee uninterrupted operation or compatibility with every device model.

To the fullest extent permitted by law, the Provider shall not be liable for damages arising from:

• use of the App contrary to the law or these Terms,
• loss, damage, or disclosure of Recordings on the User’s side (including after export),
• interruptions caused by updates, failures, or technical changes.

Nothing in these Terms excludes liability that cannot be excluded under mandatory provisions of law.

11. Updates and changes

The Provider may release updates to the App (including changes to features, security, and compatibility).

These Terms may change for valid reasons (e.g., changes in law, expansion of functionality). The User will be informed about changes via the App or the witnessy.com website; continued use after the effective date constitutes acceptance of the new Terms.

12. Discontinuation and data deletion

The User may stop using the App and uninstall it from the Device at any time.

Uninstalling the App removes local App data (excluding files exported to the User’s own folders).

13. Complaints procedure

Complaints about the App’s operation may be sent to: contact@witnessy.com, describing the issue and indicating the device model and system version.

The Provider will respond within 14 days of receiving the submission.

14. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of Poland, subject to mandatory consumer protection laws applicable in the consumer’s place of residence.

Disputes will be resolved by a competent common court. The consumer may use out-of-court dispute resolution methods (ODR/ADR).

15. Final provisions

The Terms are available on witnessy.com and in the App.

If any provision proves invalid, the remaining provisions remain in force.

In matters not regulated herein, the relevant provisions of law apply.