1. Agreement to Terms
These Terms of Service ("Terms") and our Data Processing Addendum ("DPA"), which is incorporated by reference into these Terms, form a binding legal agreement between the entity you represent ("Client," "You") and The Widlarz Group sp. z o.o., with a registered office in Krakow, ul. Szlak 77/222, 31-153 Krakow, entered into register of entrepreneurs of the National Court Register by District Court Krakow-Śródmieście in Kraków, XI Commercial Division of the National Court Register under KRS no.: 0000948896, Tax Id. No. (NIP): 6762610444, Industry Id. No. (REGON): 521042593, represented by: Bartłomiej Widlarz ("We," "Us," "Our"). By creating an account, downloading the Software, or using our Services, you agree to these Terms and the DPA.
2. Definitions
- "Software" refers to our proprietary software available for download.
- "Services" includes the provision of the Software, a license key, and access to an analytics dashboard.
- "Developer License" means a license to use the Software solely for internal, non-commercial testing and development purposes as described herein.
- "Commercial Use" is defined as any use of the Software in a live production environment, an application accessible to the public, or for any purpose intended for financial gain.
3. License Grant and Restrictions
- Developer License: We grant you a non-exclusive, non-transferable, limited license to use the Software under the terms of your Developer License.
- Restrictions: You may not reverse engineer, decompile, or disassemble the Software. You shall not use the Software for any form of Commercial Use unless you have executed a separate commercial license agreement with us. For a commercial license, please contact us at hi@thewidlarzgroup.com.
4. Client Obligations and Responsibilities
- Compliance with Laws: You represent and warrant that you will comply with all applicable laws and regulations in connection with your use of the Services, including, but not limited to, data protection and privacy laws like the General Data Protection Regulation (GDPR).
- End-User Consent: You are solely responsible for providing all necessary notices and obtaining all necessary consents from your end-users for the collection, processing, and transfer of data by our Services on your behalf.
- Indemnification: You agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, and costs (including legal fees) arising out of or in any way connected with: (a) your breach of these Terms; (b) your use of the Services; or (c) your failure to obtain necessary consent from your end-users for data processing.
5. Data Processing
For the purposes of the GDPR, you are the Data Controller of the data from your end-users, and we are the Data Processor. Our processing of such data is governed by these Terms and the mandatory Data Processing Addendum (DPA), which details our respective obligations.
6. Fees and Payment
Fees for the Developer License are stated on our website or as otherwise agreed. All payment obligations are non-cancellable, and all fees paid are non-refundable.
7. Intellectual Property
We retain all right, title, and interest in and to the Services, including the Software and all associated intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
8. Termination
We may terminate or suspend your license and access to the Services immediately, without prior notice, if you breach these Terms or the DPA. Upon termination, your right to use the Services will cease.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED THE FEES YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of Poland. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the competent courts located in Kraków, Poland.
12. Contact Us
For any questions about these Terms, please contact us at hi@thewidlarzgroup.com.
Commercial License Amendment
This Amendment is an integral part of the above Terms of Service and applies to Clients who enter into a separate Statement of Work (SOW) and Frame Agreement with The Widlarz Group.
1. Applicability
This Commercial License Amendment applies only if you have executed a valid Statement of Work (SOW) with The Widlarz Group sp. z o.o. (“TWG”), defining the scope, fees, and duration of commercial use. If you have not executed such an agreement, you are only licensed under the Developer License as described in the base Terms of Service.
2. Commercial Use License Models
Two commercial licensing models are available:
A. Impression-Based License
You are granted a non-exclusive, limited license to use the Software in a live production environment.
The license includes:
A base monthly license fee, and
An impression-based overage fee for usage exceeding the free tier.
Impression tiers and fees are defined in your SOW and based on the current pricing table defined in SOW.
“Impression” means the initial start of a downloaded video by an end user, as further defined in the pricing terms in the SOW.
B. Annual License
You are granted a fixed-term commercial license valid for 12 months unless otherwise agreed in writing.
Upon expiration or termination of the license term, all use of the Software in production must cease unless renewed.
No overage fees apply under this model unless separately agreed.
3. License Key Validation & Downtime
TWG’s licensing infrastructure (e.g. license key server) may be required for validating continued use of the Software. While TWG uses commercially reasonable efforts to ensure uptime, no warranty is provided as to the availability or uninterrupted functioning of the license server. Clients are encouraged to discuss fallback licensing strategies in the SOW, if mission-critical.
4. Precedence and Incorporation
In case of conflict between this Amendment and the base Terms of Service, this Amendment shall prevail with respect to Commercial Use. All other provisions of the Terms remain in effect.
Last updated: 2025-08-08