Legal
/
Terms of Service
Terms of Service
last updated: 21.07.2026
hese Terms of Service (“Terms”) set out the agreement between you and Tolv.Studio Damian Jankowski, a sole trader registered in Poland, NIP 7831912730 (“Evercut”, “we”, “us”, and “our”), for your use of the Evercut website, macOS app, and related account features (together, the “Services”).
Please read these Terms carefully. By downloading, installing, creating an account for, accessing, or using the Services, you agree to them. If you do not agree, do not use the Services.
Using Evercut
Evercut is a macOS application for capturing, recording, editing, and exporting content. Some account-linked features, including sign-in and synchronised presets, require an internet connection and an Evercut account.
You must be at least 16 years old to use the Services. If you use the Services on behalf of a company or other organisation, you confirm that you have authority to bind that organisation to these Terms.
You are responsible for ensuring that your use of the Services complies with applicable law and with the rules that apply to any platform, workplace, device, or content you use.
Your account
You are responsible for keeping your account access secure and for activity carried out through your account. Give us accurate account information and let us know promptly if you believe your account has been accessed without permission.
You may not sell, rent, share, transfer, or allow someone else to use your account. We may suspend or restrict an account where reasonably necessary to protect the Services, investigate suspected misuse, comply with law, or enforce these Terms. Where appropriate, we will give notice and an opportunity to resolve the issue.
App licence
Subject to these Terms, Evercut grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable licence to download, install, and use the Evercut app on devices you own or control, solely for its intended purpose. This licence ends if your right to use the Services ends under these Terms.
The app is licensed, not sold. Except for this limited licence, Evercut and its licensors retain all rights in the Services, software, branding, and related materials.
You may not, except where applicable law permits:
- copy, modify, distribute, sell, lease, or sublicense any part of the Services;
- reverse engineer, decompile, or attempt to extract source code from the app;
- remove or obscure any copyright, trademark, licence, or other proprietary notice;
- interfere with the security, integrity, or normal operation of the Services; or
- use the Services to develop or offer a competing product based on copied or extracted elements of the app.
Your content
Your recordings, screenshots, audio, video, project files, transcripts, exports, and other material you create or import in Evercut are your content.
Evercut is designed to process that content locally on your device. We do not receive a licence to your local content because we do not upload it to Evercut under the current product design. You remain responsible for keeping your own backups.
You must have all rights, permissions, and consents needed to capture, use, edit, export, and share your content. This includes giving any notice or obtaining any consent required from people whose voices, images, communications, personal data, or confidential information are captured. Do not use Evercut to create, process, or distribute unlawful, infringing, harmful, or deceptive content.
Acceptable use
You may use Evercut only in a lawful and responsible way. You must not:
- violate another person’s privacy, intellectual-property rights, confidentiality, or other rights;
- record, monitor, or collect information where you do not have the required permission or lawful authority;
- use the Services to distribute malware, interfere with networks, bypass security, or gain unauthorised access to systems or accounts;
- use the Services in a way that could harm, overload, or disrupt the Services or another person’s use of them; or
- misrepresent your relationship with Evercut or use our name, logo, or materials in a misleading way.
Third-party materials
The app includes or uses third-party software, open-source components, and a locally downloaded transcription model. Their applicable licence terms and notices are available in the app’s third-party notices.
The Services may also allow you to use third-party services, such as Google sign-in or GitHub’s model-download service. Those services are governed by their own terms and privacy policies. Evercut is not responsible for third-party services or for content you choose to send to them.
Changes & updates
We may update, modify, or discontinue parts of the Services to improve them, address security issues, comply with law, or reflect technical changes. We will not make a material change to a paid feature without providing any notice required by law.
You may need to install updates for security, compatibility, or continued use. Where consumer law requires us to provide updates or maintain conformity, nothing in these Terms limits those obligations.
Disclaimers
We aim to provide a reliable Service, but we cannot guarantee that it will always be uninterrupted, error-free, secure, or available on every device or in every location. You are responsible for checking exported content and maintaining backups of your local projects.
Nothing in these Terms excludes or limits any right, remedy, warranty, or liability that cannot lawfully be excluded or limited. If you are a consumer, your mandatory statutory rights remain unaffected.
Liability
To the fullest extent permitted by applicable law, Evercut is not liable for indirect, incidental, special, consequential, or punitive loss, or for loss of profits, revenue, business, goodwill, or data arising from your use of the Services.
Nothing in these Terms excludes or limits liability for intentional misconduct, fraud, death or personal injury caused by negligence where liability cannot be excluded, or any other liability that cannot legally be excluded or limited. This section does not limit mandatory consumer protections.
Ending use
You may stop using the Services at any time. You may request deletion of an Evercut account as explained in our Privacy Policy.
We may end or suspend your access to account-linked features if you materially or repeatedly breach these Terms, create a security or legal risk, or where required by law. Where reasonably possible, we will provide notice. Ending access does not affect your rights in local project files stored on your device, but you remain responsible for preserving them.
Sections that by their nature should survive termination—including ownership, disclaimers, liability, and governing law—will continue to apply.
Governing law
These Terms are governed by Polish law, excluding its conflict-of-law rules. If you are a consumer, this choice does not deprive you of mandatory protections provided by the law of the country where you have your habitual residence.
Any dispute will be handled by the courts with jurisdiction under applicable law. Nothing in these Terms restricts a consumer’s right to bring a claim in a court that has mandatory jurisdiction.
Changes to Terms
We may update these Terms when the Services, law, or our business practices change. If a change is material, we will give notice in a reasonable way before it takes effect, unless a change is needed sooner for security, legal, or urgent operational reasons.
Where applicable law requires your agreement to a change, we will ask for it. If you do not agree to a material change, you may stop using the Services before it takes effect.