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TERMS OF SERVICE - COUNTIN

Effective Date: February 7, 2026
Version: 1.0

SERVICE PROVIDER DETAILS

Name: Optimum Paweł Kowalski
Address: ul. Pozytywistów 4/4, 20-639 Lublin, Poland
Tax ID (NIP): 712-031-17-46
REGON: 430325730
Contact Email: [email protected]

1. GENERAL PROVISIONS

1.1 Definitions

  1. Service – the CountIn online platform available at countin.band
  2. Provider – Optimum Paweł Kowalski, conducting business at ul. Pozytywistów 4/4, 20-639 Lublin, Tax ID: 712-031-17-46
  3. User – any person using the Service
  4. Backing Track – an audio file uploaded by the User
  5. Count-In – rhythmic clicks generated before the downbeat of a track
  6. Preview – listening to the count-in without downloading (free feature)
  7. Export – downloading the processed audio file with count-in

1.2 Scope of Terms

  1. These Terms of Service govern the use of CountIn Service
  2. Using the Service constitutes acceptance of these Terms
  3. The Terms are available free of charge on the Service website
  4. The Provider reserves the right to modify the Terms
  5. Users will be notified of changes through an announcement on the Service

2. SERVICE DESCRIPTION

2.1 Functionality

CountIn is a web application that helps musicians add synchronized count-ins to their backing tracks:

  1. Upload your backing track (MP3, WAV, FLAC, M4A, OGG)
  2. Automatic BPM detection and downbeat finding
  3. Customize count-in: bars, sound type, volume
  4. Preview the result in your browser
  5. Export the final audio file with count-in

2.2 Service Versions

Free Features:

Paid Features (Export):

2.3 Technical Requirements

3. LICENSE AND COPYRIGHT

3.1 Your Audio Files

  1. You retain all rights to your original audio files
  2. You grant us temporary license to process your files for export
  3. Files are deleted immediately after processing
  4. We do not claim any ownership of your content

3.2 Rights to Exported Files

  1. You own the exported files with added count-in
  2. You may use them for any purpose: personal, commercial, performances
  3. No attribution to CountIn required

3.3 Your Responsibilities

You confirm that:

  1. You have the right to use the audio files you upload
  2. Files do not infringe third-party copyrights
  3. You will not use the Service for illegal purposes

3.4 Service Intellectual Property

  1. Technology, interface, and source code are the Provider's property
  2. CountIn logo and branding are protected by law
  3. Count-in sounds are created by the Provider

4. PURCHASES AND PAYMENTS

4.1 Export Credits

Export functionality requires purchase. Pricing is displayed on the Service.

4.2 Payments

  1. Payments processed by Stripe
  2. Accepted cards: Visa, Mastercard, American Express
  3. Payments are secure and encrypted (SSL/TLS)
  4. VAT invoice available upon request

4.3 Refunds — 30-Day Money-Back Guarantee

  1. 30-day money-back guarantee: if you are not satisfied, you may request a full refund within 30 days of purchase, even after exporting.
  2. Technical issues: refund or credit if an export fails due to our fault.
  3. To request a refund, contact us by email (see Contact).
  4. Refunds are issued to your original payment method within 14 business days.

4.4 Consumer Rights (EU)

By initiating an export, you acknowledge that:

  1. Digital content delivery begins immediately
  2. You waive the statutory 14-day withdrawal right upon successful delivery

This statutory waiver does not affect our voluntary 30-day money-back guarantee described in section 4.3, which applies regardless.

5. DATA AND PRIVACY

5.1 Local Processing

Important: Most audio processing happens locally in your browser:

Only export requires server processing.

5.2 Privacy

For full details, see our Privacy Policy.

Key points:

6. LIABILITY AND EXCLUSIONS

6.1 Limitation of Liability

The Provider is not liable for:

  1. Content of audio files uploaded by User
  2. Copyright infringement by User
  3. Damages resulting from improper use of Service
  4. Service interruptions due to technical reasons
  5. Force majeure (failures, cyber attacks)
  6. Accuracy of automatic BPM detection

6.2 Service Availability

  1. The Service is provided "as is"
  2. We aim for 99.9% uptime but do not guarantee it
  3. Planned maintenance will be announced when possible

6.3 Audio Quality

  1. Export quality depends on the original file quality
  2. BPM detection is algorithmic and may not be 100% accurate
  3. User should verify the count-in timing before use

7. PROHIBITED USE

Users MAY NOT:

  1. Upload illegal or harmful content
  2. Attempt to reverse engineer the Service
  3. Use automated tools to abuse the Service
  4. Resell access to the Service
  5. Circumvent payment requirements

8. COMPLAINTS AND SUPPORT

8.1 Contact

8.2 Complaints

  1. Complaints can be submitted within 14 days of purchase
  2. Include: purchase details, problem description
  3. Resolution: within 14 business days

8.3 Out-of-Court Dispute Resolution

Users may use:

  1. European ODR Platform – ec.europa.eu/odr
  2. Mediation – before filing a lawsuit

9. GOVERNING LAW AND JURISDICTION

9.1 Governing Law

  1. These Terms are governed by Polish law
  2. For matters not regulated, the following apply:
    • Civil Code
    • Consumer Rights Act
    • GDPR (EU Regulation 2016/679)

9.2 Dispute Resolution

  1. Disputes resolved by Polish courts
  2. Consumers may choose a court appropriate for their place of residence

10. FINAL PROVISIONS

10.1 Changes to Terms

  1. We may change the Terms in case of:
    • Changes in legislation
    • Expansion of Service functionality
    • Business model changes
  2. We will inform about changes 14 days in advance
  3. Continued use after changes = acceptance

10.2 Severability

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

10.3 Language

The English version of the Terms is binding. Translations are for informational purposes only.

CONTACT

Service Operator: Optimum Paweł Kowalski
Email: [email protected]
Address: ul. Pozytywistów 4/4, 20-639 Lublin, Poland
Tax ID (NIP): 712-031-17-46
REGON: 430325730

Last Updated: February 7, 2026
Version: 1.0

By using the Service, you accept these Terms of Service.

© 2026 CountIn · All rights reserved
Optimum Paweł Kowalski · ul. Pozytywistów 4/4, 20-639 Lublin, Poland
[email protected]