Terms of Service

1. General Provisions

These Terms of Service set out the rules and conditions for the provision of electronic services through the Flash application and the flash.appfly.pl website, in accordance with the Polish Act of 18 July 2002 on the Provision of Electronic Services (Ustawa o świadczeniu usług drogą elektroniczną, Dz.U. 2002 No. 144, item 1204, as amended).

Definitions used in these Terms:

• Service Provider - Flying Pixel Sebastian Urbaniak, ul. Serbska 15/119, 61-696 Poznań, NIP: 7811875368, REGON: 362220474.
• Flash (Application) - a macOS application for voice dictation with AI-powered text processing.
• User - a natural person using the Application.
• Consumer - a natural person performing a legal act not directly related to their business or professional activity, within the meaning of Art. 22¹ of the Polish Civil Code (Kodeks cywilny). The provisions concerning Consumers also apply to a natural person conducting a sole proprietorship who enters into an agreement directly related to that business, where the content of the agreement indicates that it is not of a professional nature for that person (Art. 385⁵ of the Polish Civil Code).
• Agreement - an agreement for the provision of electronic services concluded between the Service Provider and the User under the terms set out in these Terms of Service.
• Pro Subscription - a paid service providing access to the extended features of the Application (Flash Pro).

2. Service Description

Flash is a native macOS application that enables voice dictation with automatic text processing. The Application is available in two variants:

All prices include applicable taxes (VAT). The Service Provider reserves the right to change prices with 30 days' notice. Price changes do not affect active, paid subscription periods.

3. Technical Requirements

The following are required to use the Application:

• A Mac computer running macOS 14 (Sonoma) or later
• Apple Silicon or Intel processor
• Microphone (built-in or external)
• Internet connection - required for Pro features (AI correction, voice assistant) and form protection (Google reCAPTCHA v3). Offline transcription (Whisper) works without internet
• Active email address - required for Flash Pro subscription registration

4. Conclusion of the Agreement

The agreement for the provision of electronic services is concluded:

• Flash Free - upon downloading and launching the Application. Use of the Free version is free of charge and does not require registration.
• Flash Pro - upon making a payment through the Stripe payment processor. The Pro Subscription is activated immediately after payment confirmation.

Acceptance of these Terms of Service is a condition for using the Application. The User confirms having read the Terms by downloading the Application or purchasing a subscription.

5. Payments and Subscription

• Payments for Flash Pro are processed through Stripe, Inc. Available payment methods depend on Stripe's offering in the given region.
• The subscription is automatically renewed for the next billing period (monthly or annual), unless the User cancels it before the end of the current period.
• Subscription cancellation is possible at any time through the Stripe customer portal (accessible from within the Application) or by contacting the Service Provider at kontakt@appfly.pl.
• After cancellation, the User retains access to Pro features until the end of the paid billing period.
• The Service Provider issues invoices or receipts in accordance with applicable tax regulations.

6. Right of Withdrawal

In accordance with Art. 27 of the Polish Act of 30 May 2014 on Consumer Rights (Ustawa o prawach konsumenta, Dz.U. 2014, item 827, as amended), the Consumer has the right to withdraw from a distance contract without giving any reason within 14 calendar days from the date of conclusion of the agreement.

To exercise the right of withdrawal, a statement must be sent to the email address: kontakt@appfly.pl.

The Service Provider shall refund all payments received no later than 14 days from the date of receipt of the withdrawal statement, using the same method of payment as used by the Consumer.

Exception: In accordance with Art. 38(13) of the Polish Consumer Rights Act (Ustawa o prawach konsumenta), the right of withdrawal does not apply to contracts for the supply of digital content not supplied on a tangible medium, where performance has begun with the Consumer's express and prior consent, and the Consumer was informed before the commencement of performance that they would lose their right of withdrawal, and acknowledged this.

7. Complaints

Complaints regarding the functioning of the Application or the services provided may be submitted electronically to: kontakt@appfly.pl.

A complaint should include:

• Description of the problem
• Flash application version
• macOS version
• Date when the problem occurred
• Email address associated with the account (for Flash Pro)

The Service Provider shall review complaints within 14 days of receipt and shall inform the User of the outcome by email. In particularly complex cases, this period may be extended, of which the User will be notified.

8. Intellectual Property

The Flash Application, including its source code, user interface, graphics, logo, name, and content, constitutes the intellectual property of the Service Provider and is protected under the Polish Act of 4 February 1994 on Copyright and Related Rights (Ustawa o prawie autorskim i prawach pokrewnych).

The User is granted a non-exclusive, non-transferable license to use the Application solely under the terms set out in these Terms of Service, on the devices specified under the purchased plan.

The following are prohibited in particular: decompilation, reverse engineering, modification, copying, distribution, or commercial exploitation of the Application or any part thereof without the written consent of the Service Provider.

9. Limitation of Liability

The service is provided on an "as is" basis to the extent permitted by applicable law. This provision does not limit the rights of Consumers arising from mandatory provisions of law, in particular the Consumer Rights Act (Ustawa o prawach konsumenta) and warranty provisions.

The Service Provider shall not be liable for:

• Interruptions in the operation of the Application caused by force majeure or factors beyond the Service Provider's control
• Issues arising from the User's failure to meet the technical requirements
• Interruptions in the operation of third-party services (Stripe, OpenAI, Google, Groq, xAI, Google reCAPTCHA)
• The content of text generated or modified by AI - AI corrections and suggestions are auxiliary in nature, and the User bears responsibility for the final content of the text used
• Processing of data by external AI providers when the User uses their own API keys - in such configuration, data is sent directly to the provider, bypassing the Service Provider's infrastructure

10. Prohibited Activities

The following are prohibited:

• Using the Application in a manner that violates applicable law or the rights of third parties
• Attempting to circumvent license protections or subscription verification mechanisms
• Automated abuse of the Application's API interfaces (e.g., bots, automation scripts)
• Sharing Flash Pro account login credentials with third parties beyond the device limit
• Decompilation, reverse engineering, or modification of the Application's source code
• Using the Application to generate content that is unlawful, including content inciting hatred, violence, or infringing copyright

11. Termination of the Agreement

The Agreement may be terminated in the following manner:

• By the User (Flash Free) - at any time by uninstalling the Application.
• By the User (Flash Pro) - by cancelling the subscription through the Stripe portal. The User retains access to Pro features until the end of the paid billing period.
• By the Service Provider - with a 14-day notice period, for important reasons, in particular in the event of a breach of these Terms of Service or engagement in unlawful activities. In the case of early termination of a Pro agreement, the Service Provider shall refund a proportional part of the fee for the unused subscription period.

12. Final Provisions

• These Terms are governed by Polish law. In matters not regulated herein, the provisions of the Polish Civil Code (Kodeks cywilny), the Act on the Provision of Electronic Services (Ustawa o świadczeniu usług drogą elektroniczną), and the Consumer Rights Act (Ustawa o prawach konsumenta) shall apply.
• Disputes with Consumers shall be resolved amicably in the first instance. In the absence of an agreement, the competent court shall be the common court having jurisdiction over the Consumer's place of residence. The Consumer may also use out-of-court complaint and redress mechanisms, including via the ODR platform: ec.europa.eu/consumers/odr.
• Disputes with entities that are not Consumers shall be resolved by the court having jurisdiction over the Service Provider's registered office (Poznan).
• If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• The Service Provider reserves the right to amend these Terms. Flash Pro Users shall be notified of material changes by email with at least 14 days' notice. Changes shall take effect on the date indicated in the new version of the Terms, no earlier than 14 days after their publication.