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TERMS OF SERVICE FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS — GHOSTVIBER

  • Version: 1.1
  • Effective date: 26 May 2026

1. General provisions

  1. These Terms of Service set out the rules for the use of the Ghostviber service, including the website, the web application, the user account, the creative editor, features powered by artificial intelligence, subscription plans, AI credits and other services provided by the Service Provider by electronic means.
  2. The Service Provider is Unbelievable Software spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Złota 75A/7, 00-819 Warszawa, entered into the register of entrepreneurs of the National Court Register under KRS number: 0001003333, NIP: 5273029264, REGON: 523721743, share capital: PLN 5,000.00.
  3. The Service Provider may be contacted at the following e-mail addresses:
    1. general matters: [email protected];
    2. user support: [email protected];
    3. payments, invoices and subscriptions: [email protected];
    4. legal matters and notifications of infringements: [email protected];
    5. personal data protection: [email protected];
    6. copyright and intellectual property: [email protected];
  4. The Terms of Service are made available free of charge prior to the conclusion of an agreement for the provision of services by electronic means, in a manner enabling them to be obtained, recorded, reproduced and stored in the ordinary course of activity.
  5. Use of the Service constitutes acceptance of the Terms of Service to the extent applicable to a given service. Creating an account, starting to use the application, purchasing a subscription, purchasing AI credits or using paid features requires prior acceptance of the Terms of Service.
  6. The Terms of Service apply both to Users who use the Service as Consumers and to Users who use the Service in connection with their business or professional activity. The provisions of the Terms of Service do not limit the rights of Consumers or of entrepreneurs with consumer rights arising from mandatory provisions of law.
  7. The rules for processing Users' personal data are set out in a separate Privacy Policy. The rules for the use of cookies and similar technologies are set out in the Privacy Policy and in the cookie settings available within the Service.
  8. The Terms of Service may be made available in different language versions solely for the convenience of Users. In the event of any interpretive discrepancies or differences between language versions, the Polish language version shall prevail.

2. Definitions

  1. The terms used in the Terms of Service mean:
    1. "application" or "Ghostviber application": the web application available at app.ghostviber.com or at another address indicated by the Service Provider, used for accessing Ghostviber features;
    2. "pricing": the current list of plans, prices, features, limits and AI credits available within the Service;
    3. "checkout": the electronic process of placing an order and making payment for a paid plan, a subscription, AI credits or another paid feature;
    4. "AI provider": a third-party provider of artificial intelligence models, systems or tools used by the Service Provider to deliver AI features;
    5. "AI features": features of the Service consisting in particular in generating, analysing, transforming, suggesting or personalising content using artificial intelligence systems;
    6. "Consumer": a natural person concluding with the Service Provider an agreement not directly related to that person's business or professional activity;
    7. "account": the User's individual account in the Ghostviber application;
    8. "AI credits": internal billing units used to measure or limit the use of selected AI features;
    9. "plan": a variant of using the Service, in particular Free, Creator, Legend or another plan indicated in the pricing;
    10. "Privacy Policy": the document setting out the rules for processing Users' personal data in connection with the use of the Service;
    11. "style profile": the User's creative profile created or supplemented on the basis of User Content, activity in the application, creative preferences and AI analysis results, used to personalise Ghostviber features;
    12. "entrepreneur with consumer rights": a natural person concluding with the Service Provider an agreement directly related to that person's business activity, where the content of that agreement indicates that it does not have a professional character for that person;
    13. "Terms of Service": these Terms of Service for the provision of services by electronic means;
    14. "Service" or "Ghostviber": the website ghostviber.com, the application app.ghostviber.com and related digital services provided by the Service Provider;
    15. "website": the public part of the Service available at ghostviber.com or at another address indicated by the Service Provider;
    16. "subscription": paid, renewable access to a paid plan or to specific features of the Service for a designated billing period;
    17. "User Content": all content, data and materials entered, uploaded, saved, created or stored by the User in the Service, including lyrics, lines, prompts, projects, notes, private rhyme dictionaries, creative preferences, uploaded images and other User materials;
    18. "Generated Content": content, data or materials generated using AI features, in particular texts, lines, titles, suggestions, analyses, beats, musical inspirations, cover art or other outputs of AI features;
    19. "agreement": the agreement for the provision of services by electronic means concluded between the User and the Service Provider under the terms set out in the Terms of Service;
    20. "digital service": a service allowing the User to produce, process, store, access data in digital form or otherwise interact by means of data in digital form;
    21. "User": a person using the Service, whether or not they have an account.

3. Types and scope of services

  1. The Service Provider provides services by electronic means consisting in particular in:
    1. making the website available, together with informational, educational and marketing content concerning Ghostviber;
    2. enabling the creation and maintenance of an account;
    3. making available the web application supporting the creative process;
    4. enabling the creation, editing, saving and storage of creative projects;
    5. providing tools for writing texts, lines and songs;
    6. providing version history, a private rhyme dictionary, work organisation tools and editor preferences, where such a feature is available in the selected plan;
    7. providing AI features, in particular generating lines, suggesting titles, analysing texts, analysing style, creating the style profile, generating inspirations for beats, music, audio or cover art;
    8. enabling the use of free plans, paid plans, trial periods, subscriptions and AI credits;
    9. handling payments, settlements, invoices, transaction history and subscription management;
    10. providing user support concerning the operation of the Service.
  2. The availability of individual features depends on the current plan, the pricing, the User's country, the availability of third-party providers, technical limitations, legal limitations, safety limits and the stage of development of the Service.
  3. Ghostviber is a tool supporting the creative process. The Service is not a music label, a publisher, a music distributor, a collective management organisation, a law firm, a tax advisor, a music advisor or a copyright clearance service.
  4. The Service Provider does not guarantee that use of the Service will result in the creation of a work of any particular artistic, commercial, legal or publishing value.
  5. The Service may be made available in a beta version or may include experimental features. Such features may be unstable, limited, modified, temporarily unavailable or withdrawn, without prejudice to acquired rights of Users and to mandatory provisions of law.

4. Technical requirements

  1. Use of the Service requires:
    1. a device with access to the Internet;
    2. an up-to-date web browser supporting HTML5, JavaScript, cookies and local storage;
    3. an active e-mail address, if the User creates an account or uses features that require electronic communication;
    4. the ability to receive transactional, system and technical messages sent by the Service Provider;
    5. in the case of paid services, a valid payment method supported by the payment operator.
  2. Use of some features may require enabling cookies, local storage, scripts, anti-bot protection or other technologies necessary for authentication, security, remembering preferences, account handling, payments or the basic functionality of the Service.
  3. The Service Provider may introduce technical updates to the Service. Use of the Service with out-of-date software, an unsupported browser or while blocking the necessary technologies may be impaired or impossible.
  4. The User should apply security measures appropriate to the use of online services, in particular protect their login credentials, use a secure password, keep their software up to date and not share their account with third parties.

5. Eligibility to use the Service

  1. The Service may be used by a person who is at least 16 years old.
  2. A person under 18 years of age may use the Service only to the extent permitted by applicable law, with the consent of their legal representative, unless that person has full legal capacity.
  3. By using the Service, the User declares that:
    1. they provide true and current data;
    2. they are entitled to conclude the agreement or use the Service with the consent of the person whose consent is required;
    3. they are not subject to any prohibition on using the Service arising from applicable law;
    4. they are not using the Service on behalf of a person or entity covered by sanctions or legal restrictions preventing the use of the Service.
  4. The Service Provider may refuse to provide the service, suspend the account or terminate the provision of the service, where this is necessary in view of regulations on sanctions, export controls, prevention of abuse, security of the Service or protection of the rights of third parties.

6. User Account

  1. Creating an account requires completing the registration process, providing the required data, accepting the Terms of Service and reading the Privacy Policy.
  2. The User is obliged to provide data that is true, current and does not infringe the rights of third parties. The User should update their data if it changes.
  3. The account is assigned to the User and may not be shared with third parties, sold, rented, leased or used in a manner allowing the limits of the plan to be circumvented.
  4. The User is responsible for keeping their login credentials confidential and for actions taken on the account, unless such actions result from circumstances for which the Service Provider or a third party is responsible.
  5. The User should immediately notify the Service Provider of any suspicion of unauthorised access to the account, loss of login credentials or breach of security.
  6. The Service Provider may apply additional security measures, in particular two-factor authentication, e-mail verification, login restrictions, anti-bot protection or temporary protective blocks.

7. Free Plan and Trial Access

  1. The Service Provider may make available a Free Plan, Trial Access, promotional credits or other forms of free use of selected features of the Service.
  2. The scope of the Free Plan, the number of AI credits, feature limits, the duration of the trial period and the conditions of promotions are set out in the pricing, in a message in the application or in information presented to the User before they start using the relevant feature.
  3. The Free Plan may include limited access to features of the Service, a limited number of projects, limited AI credits, prompt length limitations, generation limitations or other technical limits.
  4. Promotional credits and credits granted under the Free Plan have no monetary value and are not exchangeable for money.
  5. The Service Provider may change the scope of the Free Plan, Trial Access or promotions for the future. Such changes do not affect the User's acquired rights to the extent such rights arise from the concluded agreement or from mandatory provisions of law.

8. Paid Plans and Subscriptions

  1. The Service Provider may offer Paid Plans, in particular Creator, Legend or other plans indicated in the pricing.
  2. Each plan may differ in price, billing period, number of AI credits, access to features, limits, support priority, generation parameters and other characteristics indicated in the pricing.
  3. Before purchasing a Paid Plan, the User receives information about:
    1. the selected plan;
    2. the price;
    3. the currency;
    4. taxes or the method of their calculation, where applicable;
    5. the billing period;
    6. the automatic renewal of the subscription, where applicable;
    7. the basic features and limits;
    8. the rules for cancelling the subscription;
    9. the right of withdrawal or its absence in cases provided for by law.
  4. The subscription renews automatically for a further billing period, unless the User cancels it before the start of the next billing period or unless the information presented at checkout indicates a different billing model.
  5. The User may change the plan, if such a function is available in the application or with the payment operator. The consequences of changing the plan, in particular the moment of activation, the method of charging the fee and any proportional settlement, are indicated in the application or during the payment process.
  6. The Service Provider may change prices, features, plan names and limits for the future. A change affecting an active subscription will be communicated to the User with appropriate advance notice, where required by law or by the nature of the change. If the change materially and adversely affects the User's active subscription, the User may cancel the subscription before the change takes effect.

9. Conclusion of the agreement and order with obligation to pay

  1. The agreement for the provision of free services is concluded upon creation of the account, commencement of the use of a free feature or acceptance of the Terms of Service, whichever occurs first.
  2. The agreement concerning a Paid Plan, a subscription, AI credits or another paid feature is concluded upon the effective placement of an order at checkout and confirmation of payment, or at another moment indicated to the User during the purchase process.
  3. Immediately before placing the order, the User receives a summary of the most important terms of the order, including information on the price, payment, billing period, automatic renewal, main features and the right of withdrawal.
  4. The button or another equivalent element used to place a paid order contains an unambiguous statement that the order entails an obligation to pay, in particular wording such as "order and pay", "subscribe and pay", "pay now" or equivalent.
  5. After the conclusion of the agreement, the Service Provider sends the User a confirmation of the conclusion of the agreement on a durable medium, in particular by e-mail, or makes it available in the account in a manner allowing it to be stored and reproduced.

10. Payments, invoices and taxes

  1. Payments within the Service are handled by an external payment operator, in particular Stripe or another operator indicated to the User during the payment process.
  2. The Service Provider does not store the User's full payment card data. Payment data is processed by the payment operator in accordance with its terms, security policies and privacy policies.
  3. The User is obliged to provide correct billing data and to ensure the funds needed to collect the payment on time.
  4. In the case of recurring payments, the User authorises the payment operator to charge the selected payment method for successive billing periods until the subscription is cancelled.
  5. If a payment fails, the Service Provider may retry the collection of the payment, inform the User of the need to update the payment method, restrict access to paid features, downgrade the plan or suspend the provision of the paid part of the service.
  6. Prices may be presented in the currencies indicated in the pricing or at checkout. In the case of Users to whom tax regulations requiring the addition of tax apply, the final price or the method of calculating the tax will be presented before the order is placed.
  7. Invoices or other accounting documents are issued in accordance with applicable regulations, on the basis of the data provided by the User.
  8. The User is responsible for taxes, fees or public-law obligations concerning their own activity, income, manner of using the content or place of residence, unless their collection and settlement is the obligation of the Service Provider under mandatory provisions of law.

11. AI credits

  1. AI credits are internal units of use of the Service, used to measure or limit access to selected AI features.
  2. AI credits may be granted under the Free Plan, a Paid Plan, a subscription, a promotion, a trial period or the purchase of an additional package.
  3. Unless the pricing, the application or information presented to the User provides otherwise:
    1. credits granted under a monthly plan or subscription are valid for the given monthly billing cycle;
    2. free credits granted monthly are valid for one month;
    3. credits purchased as a top-up are valid for 12 months from the date of purchase or grant;
    4. unused credits expire at the end of the validity period;
    5. expired credits are not refundable and are not exchangeable for money.
  4. AI credits are not money, electronic money, a virtual currency, a crypto-asset, a financial instrument, a deposit, a single-purpose voucher or a multi-purpose voucher, unless mandatory provisions of law require a different classification.
  5. AI credits cannot be paid out, resold, transferred between users, exchanged for cash or used outside the Service.
  6. The Service Provider may determine the order in which credits are consumed. Unless the application indicates otherwise, credits with the shortest validity period or credits granted under the current billing period are consumed first.
  7. The credit balance, consumption history and expiry dates may be visible in the User Account, where such a feature is available.

12. Subscription cancellation

  1. The User may cancel the subscription at any time by means of the function available in the account, in the payment operator's portal or by contacting the Service Provider, if cancellation in the application is not possible for technical reasons.
  2. Cancellation of the subscription causes the subscription not to renew for the next billing period.
  3. After cancellation of the subscription, the User retains access to the paid features until the end of the paid billing period, unless the cancellation process clearly indicates a different effect or the User has exercised the right of withdrawal.
  4. Cancellation of the subscription does not automatically result in a refund of the fee for the started billing period, unless a refund follows from mandatory provisions of law, from the Service Provider's decision or from information presented to the User at the time of purchase.
  5. After the subscription ends, the account may be moved to the Free Plan and access to paid features may be restricted.

13. Right of withdrawal

  1. A Consumer and an entrepreneur with consumer rights who has concluded an agreement at a distance may withdraw from the agreement within 14 days of its conclusion, without giving any reason, unless a statutory exception to the right of withdrawal applies.
  2. To meet the deadline, it is sufficient to send the statement of withdrawal from the agreement before the expiry of the deadline.
  3. The statement of withdrawal from the agreement may be submitted:
    1. by e-mail to: [email protected];
    2. in writing to the address of the Service Provider;
    3. by means of the withdrawal form, the template of which constitutes Annex No. 1 to the Terms of Service, whereby the use of the form is not mandatory.
  4. If the User requests the commencement of the provision of the service before the expiry of the period for withdrawal from the agreement, and then withdraws from the agreement, they may be obliged to pay for the services performed up to the moment of withdrawal, to the extent provided for by law.
  5. With regard to digital content not delivered on a tangible medium, the right of withdrawal does not apply if the Service Provider has commenced performance with the User's express and prior consent, the User has been informed before performance commenced that after the Service Provider's performance they will lose the right of withdrawal, the User has acknowledged this, and the Service Provider has provided the confirmation required by law.
  6. In the event of effective withdrawal from the agreement, the Service Provider shall refund the User the payments received without delay, no later than within 14 days of the date of receipt of the statement of withdrawal, using the same means of payment as the User used, unless the User has expressly agreed to a different method of refund.
  7. After withdrawal from the agreement, the Service Provider may prevent further use of the digital content or digital service, in particular by restricting access to paid features or blocking the credits covered by the withdrawal, without prejudice to the User's rights arising from provisions on digital services.

14. Complaints

  1. The User may submit a complaint concerning the operation of the Service, the account, payments, subscriptions, AI credits, digital content, digital services or other services provided by the Service Provider.
  2. A complaint may be submitted by e-mail to: [email protected] or in writing to the address of the Service Provider.
  3. The complaint should contain at least:
    1. data enabling identification of the User;
    2. the e-mail address assigned to the account, if the complaint concerns the account;
    3. a description of the problem;
    4. the date on which the problem occurred, if known;
    5. the User's request;
    6. documents, screenshots or other information helpful in considering the complaint, if the User has them at their disposal.
  4. The Service Provider considers complaints of Consumers and entrepreneurs with consumer rights within 14 days of receipt, unless mandatory provisions of law provide for a shorter deadline.
  5. Complaints of Users who are neither Consumers nor entrepreneurs with consumer rights are considered within 30 days of receipt of the complaint, unless the nature of the matter requires a longer deadline. In such a case, the Service Provider informs the User of the reason for the delay and the expected response date.
  6. The response to the complaint is sent to the User's e-mail address or in another manner agreed with the User.
  7. If the complaint is incomplete and its consideration is not possible, the Service Provider may ask the User to supplement the information.

15. Conformity of the digital service with the agreement

  1. The Service Provider is liable to the Consumer and to the entrepreneur with consumer rights for the conformity of the digital content and the digital service with the agreement on the terms set out in the Polish Act on Consumer Rights.
  2. The digital service is provided in accordance with the description presented in the Terms of Service, in the pricing, in the application and in the information provided to the User before the conclusion of the agreement.
  3. In the event of non-conformity of the digital service with the agreement, the User may request that it be brought into conformity with the agreement, unless this is impossible or would require excessive costs on the part of the Service Provider.
  4. If bringing the digital service into conformity with the agreement is impossible, ineffective, excessively burdensome for the User or does not take place within a reasonable time, the User may exercise further rights provided for by mandatory provisions of law, in particular the right to a price reduction or to withdraw from the agreement.
  5. The provisions of this paragraph do not limit the User's rights arising from mandatory provisions of law.

16. Rules of using the Service

  1. The User is obliged to use the Service in accordance with the law, the Terms of Service, good practice, the rights of third parties and the intended purpose of the Service.
  2. It is prohibited to supply, store, generate, process or disseminate via the Service content that:
    1. is unlawful;
    2. infringes copyright, related rights, trademark rights, personal rights, the right of publicity, business secrets or other rights of third parties;
    3. incites violence, hatred, the commission of a prohibited act or the infliction of harm;
    4. contains unlawful threats, defames, insults or violates the privacy of other persons;
    5. constitutes spam, phishing, fraud, malware, content used to circumvent security measures or another form of technical abuse;
    6. violates regulations on the protection of minors, personal data, sanctions, export controls, intellectual property or fair competition;
    7. is used for the unauthorised copying of the style, identity, image or voice of a third party, if this infringes the law or the rights of that person.
  3. It is also prohibited to:
    1. use the Service in an automated, mass, non-human or excessively burdensome manner with respect to the infrastructure, unless the Service Provider has expressly permitted it;
    2. circumvent plan limits, AI credit limits, technical safeguards or access restrictions;
    3. attempt to gain access to other Users' accounts, the Service Provider's systems, system prompts, models, infrastructure or data not intended for the User;
    4. reverse engineer, decompile, copy, scrape, train competing solutions on the basis of the Service or create competing services using unauthorised access to the Service;
    5. use the Service to violate the terms of AI providers, payment operators or other external services integrated with the Service.
  4. The Service Provider may apply usage limits, rate limits, anti-bot protection, abuse detection systems and temporary access restrictions in order to protect the security, stability, costs, Users and integrity of the Service.

17. AI features

  1. AI features have the character of tools supporting the creative process. The outputs of AI features may be inaccurate, incomplete, accidentally similar to existing content, unsuitable for publication, legally risky or inconsistent with the User's expectations.
  2. The User should independently verify Generated Content before using it, publishing it, distributing it, selling it, submitting it to a publisher, label, distributor, collective management organisation or any other commercial use.
  3. The Service Provider does not guarantee that Generated Content:
    1. is unique;
    2. constitutes a work within the meaning of copyright law;
    3. is not similar to existing works;
    4. does not infringe the rights of third parties;
    5. is suitable for commercial exploitation;
    6. will be accepted by platforms, distributors, publishers, labels, collective management organisations or other entities of the music market.
  4. AI features may use external models, systems and AI providers. The use of AI features may be subject to technical, legal, security restrictions or to the policies of AI providers.
  5. The User should not provide to AI features confidential information, special category data, business secrets, third-party data or materials covered by contractual restrictions, if they do not have a legal and factual basis to process them in the Service.

18. Style profile

  1. Ghostviber may analyse User Content, prompts, projects, creative preferences and activity in the application in order to create, supplement or improve the style profile.
  2. The style profile may be used to personalise AI features, to generate suggestions closer to the User's way of writing, for creative analysis, creative prompts and to improve the User's experience.
  3. The rules for processing personal data in connection with the style profile are set out in the Privacy Policy.
  4. The User may request the deletion of the style profile or a limitation of its use to the extent provided for by the application, the Privacy Policy or mandatory provisions of law.

19. User Content

  1. The User retains the rights to User Content, subject to the licence granted to the Service Provider to the extent necessary to provide the services.
  2. The User is responsible for User Content, in particular for having the rights, consents and legal bases required to introduce it into the Service, to process it, to analyse it and to use it through AI features.
  3. The User should not introduce into the Service content which they have no right to use, in particular third-party texts, recordings, beats, graphics, images, voices, trademarks, materials protected by business secrets or materials covered by a prohibition on further processing.
  4. The Service Provider does not acquire intellectual property rights to User Content solely as a result of the User introducing such content into the Service.
  5. The Service Provider does not publish User Content nor use it for marketing purposes without a separate legal basis, the User's consent or another express authorisation.

20. Licence to User Content

  1. For the purpose of providing the services, the User grants the Service Provider a non-exclusive, royalty-free, worldwide licence to use User Content to the extent necessary for the operation of the Service.
  2. The licence covers the following fields of exploitation and ways of use:
    1. recording and reproducing User Content in the memory of devices, servers, backup systems and technical infrastructure;
    2. storing, hosting, indexing, organising and securing User Content;
    3. displaying User Content to the User within the account and the application;
    4. technical processing, analysis, formatting, conversion, splitting, combining and transforming the content to the extent required by the features of the Service;
    5. transmitting User Content to technical providers, AI providers, hosting providers, data storage providers, security providers and other entities processing data for the purposes of providing the services;
    6. generating Generated Content on the basis of User Content;
    7. creating, updating and using the style profile;
    8. creating backups, technical logs and records necessary for security, billing, complaints handling, abuse prevention and compliance with the law.
  3. The licence is granted solely for the purpose of providing the services, maintaining and securing the Service, generating the results requested by the User, personalising features, handling complaints, preventing abuse, performing legal obligations and enforcing the Terms of Service.
  4. The licence expires with respect to given User Content upon its effective deletion or anonymisation, unless further storage or processing is required for legal, accounting, tax, security, abuse-prevention, backup, claim-pursuit or claim-defence reasons.
  5. The licence does not cover the right of the Service Provider to publicly publish User Content for promotional, advertising or portfolio purposes, unless the User has granted separate consent to do so.

21. Generated Content

  1. The Service Provider does not reserve to itself any rights to content generated for the User by means of AI features, to the extent that such rights could be vested in the Service Provider.
  2. The User may use Generated Content for personal, creative and commercial purposes, subject to the Terms of Service, the provisions of law, the rights of third parties and the terms of external AI providers which may apply.
  3. The Service Provider does not guarantee that Generated Content will be protected by copyright. Whether a given content constitutes a work is determined by provisions of law and the specific circumstances of its creation and creative elaboration by a human being.
  4. The User is responsible for the decision to use Generated Content, in particular for checking it for similarity to existing works, compliance with the law, the rights of third parties, the rules of distribution platforms and publishing requirements.
  5. The Service Provider may refuse to generate content, limit an AI feature or block a prompt, where this is necessary for reasons of law, security, the terms of AI providers, the protection of minors, the prevention of abuse or the protection of third parties.

22. Reporting illegal content and infringements

  1. A person who believes that content stored or processed in the Service is unlawful or infringes their rights may send a report to: [email protected].
  2. The report should contain:
    1. indication of the content to which the report relates;
    2. a description of the infringement;
    3. data enabling the identification of the reporting person;
    4. the reporting person's e-mail address;
    5. where possible, the URL, project identifier, screenshot or other information enabling the content to be located;
    6. a statement that the information contained in the report is true and complete to the best of the reporting person's knowledge.
  3. If the report concerns copyright, trademarks, image rights or other rights of third parties, the reporting person should indicate the basis of the rights vested in them or their authorisation to act on behalf of the right holder.
  4. The Service Provider may request the report to be supplemented if it is incomplete or does not allow the infringement to be assessed.
  5. The Service Provider takes action with respect to reported content in a diligent, objective and proportionate manner, taking into account the rights and legitimate interests of Users, reporting persons and third parties.
  6. To the extent required by mandatory provisions, the Service Provider provides the User with a statement of reasons for a decision to restrict the visibility of content, to remove content, to restrict access to the service, to suspend the account or for any other measure taken on account of the unlawfulness of the content or breach of the Terms of Service.

23. Moderation, access restriction and account suspension

  1. The Service Provider may restrict access to features, block content, remove content, suspend the account or terminate the agreement, if the User:
    1. violates the Terms of Service;
    2. violates the provisions of law;
    3. infringes the rights of third parties;
    4. uses the Service in a manner that threatens the security, stability or integrity of the Service;
    5. circumvents plan limits, AI credit limits or technical safeguards;
    6. uses the Service in a fraudulent, automated, mass manner or contrary to its intended purpose;
    7. does not make a due payment;
    8. uses AI features in a manner that violates the policies of AI providers;
    9. creates a material legal, security, reputational or operational risk for the Service Provider, other Users or third parties.
  2. Measures taken by the Service Provider should be proportionate to the nature, scale and effects of the infringement, unless immediate action is necessary for reasons of law, security, prevention of damage, protection of minors, protection of third parties or prevention of abuse.
  3. Where this is possible and legally permissible, the Service Provider informs the User of the reason for the measure taken and of the manner of appealing against the decision.
  4. The User may file an appeal against a decision referred to in section 1 by e-mail to: [email protected], within 14 days of receipt of the information about the decision, unless the information provided to the User stipulates a longer deadline.
  5. The appeal should contain a description of the matter, an indication of the decision to which it relates and the arguments or evidence in favour of its change.
  6. The Service Provider considers the appeal within a reasonable time, no longer than 30 days, unless the provisions of law require a shorter deadline.

24. Account deletion

  1. The User may request the deletion of the account by means of the function available in the application or by contacting the Service Provider.
  2. Deletion of the account may result in loss of access to the account, projects, history, AI credits, User Content, Generated Content and subscription features.
  3. Before deleting the account, the User should download the content they wish to retain, if an export function is available or if the Service Provider can make it available on the basis of applicable provisions.
  4. After deletion of the account has been initiated, the Service Provider may mark the account as scheduled for deletion, restrict access to the account and then delete or anonymise the data after the retention period.
  5. The retention period may be up to 30 days, unless longer storage is required or permitted for legal, tax, accounting, security, abuse-prevention, complaint-handling, claim-pursuit or claim-defence reasons.
  6. Deletion of the account does not release the User from the obligation to pay any amounts due that arose before the deletion of the account.

25. Service availability

  1. The Service Provider exercises due care to ensure the availability and security of the Service, but does not guarantee uninterrupted and error-free operation of the Service.
  2. The Service may be temporarily unavailable or operate to a limited extent for technical, organisational, security, maintenance or legal reasons, or due to the operation of external providers.
  3. The Service Provider may carry out technical works, updates, data migrations, repairs, tests, infrastructure changes and other activities necessary for the development, maintenance and securing of the Service.
  4. Where possible, the Service Provider informs Users of planned material technical interruptions, especially if they may affect access to paid features.
  5. The Service Provider may introduce limits, restrictions or usage queues in order to protect the stability of the Service, control the costs of AI features, prevent abuse or ensure fair access of Users to resources.

26. Third-party services

  1. The Service may make use of third-party services, in particular providers of hosting, cloud infrastructure, payment operators, AI providers, analytics providers, e-mail, anti-bot protection, monitoring tools, data storage and customer support.
  2. Third-party services may be subject to their own terms, privacy policies, technical restrictions, limits and security rules.
  3. The Service Provider is not liable for the operation of third-party services to the extent such liability cannot be attributed to it on the basis of mandatory provisions of law.
  4. The unavailability of a third-party service may affect the availability, scope or quality of operation of selected features of the Service.

27. Intellectual property of the Service Provider

  1. The Service, the application, the software, the interfaces, the layout of features, the design, the logo, the Ghostviber name, trademarks, documentation, workflows, infrastructure, technical solutions, prompt engineering, systems, databases and other elements of the Service constitute the property of the Service Provider or its licensors.
  2. The Terms of Service do not transfer to the User any intellectual property rights to the Service or any of its elements, except for the limited right to use the Service in accordance with the Terms of Service.
  3. The User may not, without the Service Provider's consent:
    1. copy, modify, distribute or publicly make available elements of the Service;
    2. remove intellectual property notices;
    3. use Ghostviber trademarks, logo or branding;
    4. reproduce the manner of operation of the Service for the purpose of creating a competing service;
    5. obtain, extract or reconstruct system prompts, internal logic, models, data structures or security mechanisms;
    6. carry out reverse engineering, decompilation or other activities prohibited by provisions of law or the Terms of Service.

28. Feedback

  1. The User may provide the Service Provider with opinions, suggestions, ideas, bug reports, feature proposals or other feedback concerning the Service.
  2. By providing feedback, the User authorises the Service Provider to use it free of charge for the purpose of developing, modifying, improving, marketing and commercialising the Service, without any obligation to pay remuneration to the User.
  3. Feedback does not include User Content, unless the User expressly submits a given piece of content as a suggestion, an example, test material or a bug report.

29. Liability

  1. The Service Provider is liable to Consumers and to entrepreneurs with consumer rights on the principles arising from mandatory provisions of law.
  2. No provision of the Terms of Service excludes or limits the Service Provider's liability for damage caused intentionally, for infringement of consumer rights or in other cases in which the exclusion or limitation of liability is not permitted under the law.
  3. With respect to Users who are neither Consumers nor entrepreneurs with consumer rights, the Service Provider shall not be liable for lost profits, loss of data, loss of revenue, loss of reputation, business interruption, indirect or consequential damages, unless the damage was caused intentionally.
  4. With respect to Users who are neither Consumers nor entrepreneurs with consumer rights, the Service Provider's total liability for non-performance or improper performance of the agreement is limited to the amount actually paid by the relevant User to the Service Provider for the use of the Service during the 12 months preceding the event giving rise to the damage. The limitation referred to in the preceding sentence does not apply to damage caused intentionally or to other cases in which the limitation of liability is not permitted under mandatory provisions of law.
  5. The User is liable for their content, the manner in which they use the Service, breach of the Terms of Service, breach of law, infringement of the rights of third parties and the commercial use of Generated Content.
  6. If the User uses the Service on behalf of an entrepreneur, organisation, agency, label, publisher or another entity, they declare that they have authorisation to act on behalf of that entity.

30. Indemnification in B2B relations

  1. A User who is neither a Consumer nor an entrepreneur with consumer rights undertakes to indemnify the Service Provider and to cover reasonable costs, damages and expenses arising from claims of third parties related to:
    1. User Content;
    2. unlawful use of the Service or use contrary to the Terms of Service;
    3. commercial use of Generated Content;
    4. infringement of copyright, related rights, personal rights, the right of publicity, trademarks or other rights of third parties;
    5. violation of provisions of law by the User;
    6. breach of the Terms of Service by the User.
  2. The provision of section 1 does not apply to Consumers or entrepreneurs with consumer rights to the extent that it would be contrary to mandatory provisions of law.

31. Changes to the Terms of Service

  1. The Service Provider may amend the Terms of Service for important reasons, in particular in the event of:
    1. changes in the provisions of law;
    2. changes to features of the Service;
    3. the introduction of new services, plans or AI credits;
    4. changes to the method of payment, settlements or to the payment operator;
    5. changes to technical providers or AI providers;
    6. the need to improve security;
    7. prevention of abuse;
    8. organisational, technical or business changes on the Service Provider's side;
    9. the need to clarify the provisions of the Terms of Service.
  2. The Service Provider informs Users of any material change to the Terms of Service with appropriate advance notice, in particular by e-mail, by a message in the application or by information in the account.
  3. The amended Terms of Service apply from the date indicated in the information about the change, no earlier than 14 days after the User has been informed, unless:
    1. the change is favourable to the User;
    2. the change does not adversely affect the User's rights and obligations;
    3. the change is necessary in view of the law, security, the prevention of abuse or a decision of a public authority;
    4. mandatory provisions of law permit a shorter period.
  4. A User who does not accept the amended Terms of Service may cease using the Service, delete the account or cancel the subscription before the changes take effect.
  5. An amendment to the Terms of Service does not affect the User's acquired rights to the extent such rights arise from a previously concluded agreement or from mandatory provisions of law.

32. Termination of the agreement

  1. The User may terminate the agreement for free services at any time by deleting the account or by ceasing to use the Service.
  2. The agreement concerning a subscription expires at the end of the paid billing period, if the User effectively cancels the subscription before its renewal.
  3. The Service Provider may terminate the agreement with a 14-day notice period if further provision of the service is not possible or justified for technical, legal, organisational or business reasons.
  4. The Service Provider may terminate the agreement with immediate effect in the event of a gross breach of the Terms of Service, breach of law, threat to the security of the Service, action to the detriment of other Users or third parties, fraud, circumvention of safeguards, lack of payment or use of the Service in a manner causing material legal or technical risk.
  5. Termination of the agreement does not affect payment obligations that arose before the date of termination, nor provisions which by their nature should remain in force after termination, in particular those concerning liability, intellectual property, settlements, complaints and the pursuit of claims.

33. Out-of-court dispute resolution

  1. The Consumer may use out-of-court methods of handling complaints and pursuing claims, in particular with the assistance of the municipal or district consumer ombudsman, consumer organisations and the competent entities authorised to conduct ADR proceedings.
  2. Information on out-of-court methods of resolving consumer disputes is available from the competent consumer protection authorities.
  3. The use of out-of-court methods of dispute resolution is voluntary, unless mandatory provisions of law stipulate otherwise.

34. Governing law and jurisdiction

  1. The Terms of Service and agreements concluded on their basis are governed by Polish law.
  2. The choice of Polish law does not deprive the Consumer of the protection granted to them under mandatory provisions of the law of the country of their habitual residence, where such provisions apply.
  3. Disputes with Users who are Consumers are heard by the court having jurisdiction in accordance with applicable provisions.
  4. Disputes with Users who are neither Consumers nor entrepreneurs with consumer rights are heard by the court having local jurisdiction over the registered office of the Service Provider.

35. Final provisions

  1. If any provision of the Terms of Service proves to be invalid, ineffective or unenforceable, this does not affect the validity of the remaining provisions of the Terms of Service.
  2. In matters not regulated by the Terms of Service, the provisions of Polish law and the relevant provisions of European Union law shall apply.
  3. The Terms of Service apply from the date indicated at the beginning of the document.

Annexes

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