User Agreement (Public Offer)

1. General Provisions

1.1. The User Agreement (hereinafter referred to as the "Agreement" or "Offer") is a public offer and regulates the relationship between Individual Entrepreneur Lyashch Maxim Mikhailovich (OGRNIP 324508100365725, INN 770302130747), acting on the basis of the certificate of state registration (hereinafter referred to as the "Operator" or "Provider"), and any legally capable individual who has reached the age of 18 (or another age established by the law of their country for accepting similar agreements), who accepts the terms of the Offer for personal or professional needs (hereinafter referred to as the "User").

1.2. The Service is a software complex functioning in the Telegram messenger (https://telegram.org) under the name Whisper Summary AI Bot (hereinafter referred to as the "Bot"; @WhisperSummaryAI_bot). The Service is designed for automated conversion of audio and video materials, as well as materials via external links, into text (transcription) and creation of summaries (summarization) using artificial intelligence technologies.

1.3. Acceptance of the Offer means full and unconditional acceptance (acceptance) of the terms of the public offer (hereinafter referred to as the "Offer") in accordance with Article 438 of the Civil Code of the Russian Federation, which is expressed by the fact of activating the Service (pressing the "Start"/"Begin" button or first use of any Bot function). From the moment of Acceptance, the Agreement is considered concluded between the User and the Operator.

1.4. Tariff — the scope of functional capabilities of the Service established by the Operator, as well as the amount and procedure for payment for such access. The Tariff determines the quantitative and qualitative limits of Service use during the Payment Period.

1.5. Subscription — a form of providing Services on the terms of a subscription agreement (Article 429.4 of the Civil Code of the Russian Federation), involving periodic payments for the right of access to the Service within the selected Tariff.

1.6. Subscription Period (Payment Period) — a fixed period of time (for example, day, month, year) during which the User is provided access to the Service under the terms of the selected Tariff. The Period begins from the moment of payment confirmation for the Tariff and ends upon expiration of the corresponding calendar period. Payment for the Period is charged as an advance payment, and the Operator's obligations to provide access are considered fulfilled in full from the moment of providing such access for the Period, regardless of the actual use of the Service by the User.

2. Subject of the Agreement

2.1. The Operator undertakes to provide the User with access to the Service functionality under the terms of a non-exclusive license within the selected Subscription or Tariff, and the User undertakes to comply with the terms of the Agreement and timely pay for the Subscription.

2.2. The Service is provided on the terms of subscription service (Article 429.4 of the Civil Code of the Russian Federation). The fact of providing access to the Service during the paid period (Subscription) is considered proper fulfillment of the Operator's obligations.

3. Payment Procedure and Subscription Service

3.1. Services of the Service are provided on the terms of advance payment (prepayment) by purchasing a Subscription for a fixed period (hereinafter referred to as the "Subscription").

3.2. Payment is made in Russian rubles through third-party payment systems (CloudPayments, etc.) integrated into the Service. The User's payment obligation is considered fulfilled from the moment the Operator receives confirmation of a successful transaction from the payment system. When paying by card denominated in a currency other than Russian rubles, conversion is carried out at the rate of the User's issuing bank. The Operator does not collect, process, or store the User's payment data (including bank card data); such data is processed directly on the secure pages of the payment provider.

3.3. The User, by making the first Subscription payment, gives their unconditional consent to automatic (recurring) debiting of funds for subsequent Subscriptions until the moment of cancellation of auto-renewal. The User has the right at any time to independently cancel the auto-renewal function through the payment provider interface (or by another method provided by the payment provider).

3.4. The Subscription cost is indicated at the time of payment and may be changed by the Operator unilaterally. Notification of cost changes is carried out by posting updated information in the Service interface (Bot menu) and/or by sending a corresponding message to the User directly through the Bot. Changes in cost do not affect already paid Subscription periods.

4. Subscription Cancellation and Refunds

4.1. Services of the Service are of a subscription nature. Payment is charged for providing access to the Service and its capabilities for a certain period and is not tied to the quantity of Results actually received by the User (transcriptions, summaries).

4.2. Upon early cancellation by the User of the Subscription, the amount of funds subject to refund is determined as the balance of the Subscription cost after deducting the actual expenses incurred by the Operator related to the performance of the Agreement in the interests of this User.

Due to the technical complexity of the Service and the use of paid third-party resources, the Operator's actual expenses include:

4.2.1. In connection with the technical complexity of the Service and the use of paid third-party resources, the Operator's actual expenses include:

1. Transaction costs: payment system commissions for accepting payment and for processing refunds.
2. API request costs: the full cost of all requests made to external AI providers at the rates of such providers for processing User Content.
3. Access provision cost: due to the subscription nature of the agreement (Article 429.4 of the Civil Code of the Russian Federation), the cost of each day of the Subscription Period during which the User was provided technical access to the Service is considered expended by the Operator, regardless of whether the User uploaded Content.

4.2.2. If the amount of actual expenses incurred, calculated at the time of receiving the cancellation notice, equals or exceeds the cost of the paid Subscription, funds are not subject to refund due to their complete absorption by the Operator's expenses for performance of the Agreement.

4.3. Refund of funds is also possible in the following documented cases:

4.3.1. Technical error during debiting (for example, double debiting).

4.3.2. Critical malfunction in the Service operation due to the Operator's fault, which makes it impossible to use the Service for a period exceeding 120 (one hundred twenty) hours in a row. The occurrence of circumstances specified in clause 8.2 of the Agreement is not the Operator's fault and is not grounds for refund of funds.

4.3.3. All refund requests are considered by the Operator on an individual basis subject to the User providing proper evidence.

4.4. In case of detection of violation by the User of the Agreement terms (clauses 5.2.1, 5.5), the Operator has the right to unilaterally restrict access to the Service or block the User's account.

4.4.1. In case of account blocking for violation, refund of funds is carried out according to the rules of clauses 4.2 and 4.3 of the Agreement (refund minus actual expenses incurred).

4.4.2. The composition of the Operator's actual expenses (in addition to those specified in clause 4.2.1 of the Agreement) in this case additionally includes documented costs for technical detection, analysis, and suppression of harmful actions of the User. If the amount of actual expenses incurred and the amount of damage caused by the User's actions exceed the balance of funds for the unused Subscription period, no refund is made.

5. Intellectual Property and Content Rights

5.1. All rights to the software complex of the Service (code, algorithms, design, trademark) belong to the Operator.

5.2. The User guarantees that the Content:

1. does not violate intellectual property rights (copyright and related rights) of third parties;
2. does not contain personal data of third parties obtained without a legal basis or consent of such persons;
3. does not contain information constituting state, commercial, or other secrets protected by law;
4. does not contain materials promoting violence, extremism, or other information prohibited by the legislation of the Russian Federation.

5.2.1. The User is categorically prohibited from uploading, transmitting, or otherwise using in the Service materials that:

1. violate the legislation of the Russian Federation on countering extremist activities and terrorism;
2. contain elements of pornography or violence;
3. are aimed at insulting a person, inciting hatred or enmity;
4. are malicious program code or are aimed at destabilizing the Service operation;
5. contain confidential information of third parties, for the processing of which the User does not have explicit consent.

5.2.2. The User is prohibited from using the Service for processing special categories of personal data (information about racial, national origin, political views, religious or philosophical beliefs, health status, intimate life), as well as biometric personal data.

5.2.3. Content — any audio and video files, text messages, links to external resources, and other materials transmitted by the User to the Bot for processing.

5.2.4. Result — textual information (transcript, summary/summary) generated by the Service based on the Content.

5.3. The User independently bears responsibility for the lawfulness of transmitting Content to the Operator. In case of claims, lawsuits, or fines against the Operator (including from rights holders or regulatory authorities) related to the Content, the User undertakes to compensate the Operator for all losses and expenses incurred (including legal assistance and representation in court) in full.

5.3.1. The User confirms and guarantees that the Content does not contain personal data of third parties, for the processing of which the User has not obtained lawful consent. The Operator does not verify Content for the presence of such data and does not bear responsibility to third parties in case of violation by the User of their rights. All responsibility for the lawfulness of transferring such data for processing in the Service is borne by the User.

5.3.2. The Operator does not use Content for training AI algorithms.

5.4. The User grants the Operator the right to use the Content on the terms of a gratuitous simple (non-exclusive) license exclusively for the purposes of fulfilling the User's request, technical analysis, and improving the quality of Service algorithms.

5.4.1. To fulfill User requests, the Operator has the right to engage external AI/ML providers (third-party API processing services), to which User Content may be transferred to the minimum extent necessary to fulfill the request (transcription/summarization/generation of Result). The current list of providers and countries (territories) where processing is carried out is specified in the Personal Data Processing Policy.

5.4.2. For the purposes of maintaining confidentiality and minimizing the volume of transmitted data, the Operator applies minimization measures and takes available technical and organizational measures to exclude the transfer to external AI/ML providers of direct User identifiers known to the Operator (including Telegram ID, username/nickname, phone number, name — if available to the Operator). For technical identification of the request, a technical identifier (UUID) is used. The correspondence between UUID and the User's account record is stored exclusively in the Operator's infrastructure and is used only for providing Services and ensuring the Service operability.

5.4.3. Content (audio/video/text/transcript) may contain personal data of the User and/or third parties. In cases where Content processing is carried out using the infrastructure of external AI/ML providers located outside the Russian Federation, such transfer may constitute cross-border transfer of personal data. The User provides consent to such transfer for the purposes of performance of this Agreement. The procedure for cross-border transfer, the list of providers and countries (territories) of processing are determined by the Personal Data Processing Policy and the Consent to Personal Data Processing.

5.5. The User is prohibited from:

1. copying, modifying, decompiling (disassembling into code), or reverse-engineering the software complex of the Service;
2. using any automated devices ("scripts", "bots", "crawlers") to collect information from the Service or interact with it;
3. taking actions aimed at bypassing technical restrictions or payment systems of the Service;
4. using the Service to create competing products or services;
5. using the processing results (Result) in ways that may harm the Operator's reputation.

6. Disclaimer of Liability

6.1. The Service uses artificial intelligence (AI) technology. The Operator is not responsible for the accuracy, completeness, reliability, or applicability of the results of transcription or summarization (hereinafter referred to as the "Result").

6.2. Limitation of warranties: The Operator does not guarantee that the Result:

1. is free from inaccuracies, factual errors, or distortions;
2. is suitable for use as legal, medical, financial, expert, or other professional advice.

6.3. Responsibility for decisions: The User acknowledges that the Result is auxiliary information. All responsibility for making any decisions based on the Result, and for the consequences of such decisions, is borne by the User.

6.4. In accordance with the legislation of the Russian Federation, the Operator is liable for causing real damage to the Consumer in the presence of proven fault of the Operator.

6.5. By accepting the terms of the Agreement, the User confirms that they are informed and agree with the specifics of the Service operation based on Artificial Intelligence (AI) technologies. Due to the probabilistic nature of neural network operation, the Result is not guaranteed to be accurate.

6.5.1. In this regard, the following are not defects of the Service and do not entail the Operator's liability:

1. distortions and errors (hallucinations): AI generation of factually unreliable or false information, names, dates, or events;
2. low transcription quality: errors caused by speech defects of subjects on the recording, extraneous noise, voice overlap, or low quality of the source Content;
3. subjectivity of summarization: discrepancy between the summary and the User's expectations regarding emphasis or interpretation of meaning.

6.5.2. The User undertakes to independently verify the Result for accuracy before using it. The Service is provided on an "as is" basis, which is recognized by the parties as a proportionate and fair condition for this type of technology.

7. Confidentiality and Personal Data

7.1. By accepting the Offer, the User confirms that they have fully familiarized themselves with, understand, and agree to the terms of the following documents, which are an integral part of the Agreement:

1) Personal Data Processing Policy.

2) Consent to Personal Data Processing.

A mandatory condition for access to the Service is the User's provision of explicit and informed consent by pressing the "Start"/"Begin" button in the Bot interface. The User confirms that the links to the specified documents were provided to them before the moment of acceptance and are available for review at any time through the Bot menu.

8. Force Majeure

8.1. The Operator is released from liability for full or partial non-performance of obligations in case of occurrence of force majeure circumstances (force majeure).

8.2. Such force majeure circumstances include: blocking or technical failures in the operation of the Telegram messenger, termination of access to third-party provider APIs, introduction of sanctions restrictions preventing the provision of services or processing of payments.

9. Other Conditions

9.1. All disputes and disagreements the parties will seek to resolve through negotiations. The period for consideration and satisfaction of justified User claims (complaints) is 10 (ten) calendar days from the date of receipt of the claim by the Operator. In case of failure to reach agreement, disputes are subject to consideration in accordance with the legislation of the Russian Federation. To the extent not contradicting consumer protection legislation, contractual jurisdiction at the Operator's location is established.

10. Operator Details

Individual Entrepreneur Lyashch Maxim Mikhailovich

INN 770302130747

OGRNIP 324508100365725

Address: 143082, RUSSIA, MOSCOW REGION, ODINTSOVO, ODINTSOVO, ZHUKOVKA VILLAGE, TER ZHUKOVKA-21, BLDG 1B

Email for inquiries: info@whispersummary.com