Apeari Terms of service

§ 1. Service provider and contact

1. The services are provided by Przemysław Malinowski, a sole trader registered in Poland’s Central Register and Information on Economic Activity (CEIDG), tax ID 5311711088, address: ul. Dąbrówki 15, 05-190 Nasielsk, mazowieckie region (the “Provider”).
2. You can contact the Provider by email at [email protected] or by post at the address above. This email address also accepts complaints and notices of withdrawal.
3. These are terms within the meaning of Article 8 of the Polish Act of 18 July 2002 on Providing Services by Electronic Means. They are available free of charge at apeari.com/regulamin in a form that can be downloaded, saved, and printed.

§ 2. Definitions

1. Website — apeari.com, including the Dashboard.
2. Customer — an individual with full legal capacity, a legal person, or an organisational unit without legal personality to which the law grants legal capacity, using the Services.
3. Consumer — an individual Customer entering a contract not directly related to their business or professional activity (Article 22¹ of the Polish Civil Code).
4. Entrepreneur with consumer rights — an individual Customer entering a contract directly related to their business, where the contract is not professional in nature for that person, in particular in light of the business activities disclosed under CEIDG rules.
5. Account — an individual Customer account protected by an email address and password.
6. Dashboard — the signed-in part of the Website where the Customer manages Domains, Installation tokens, and Apeari tokens.
7. Domain — a website address added by the Customer in the Dashboard.
8. Plugin — the “Apeari — AI Editor” software for WordPress, available under GPL-2.0 or later, which enables use of the AI service.
9. Installation token — a confidential key generated in the Dashboard for a Domain, used by the Plugin to authenticate AI service requests.
10. Apeari tokens — billing units assigned to a Domain and used to pay for the AI service.
11. AI service — the Provider’s preparation of proposed website content and design changes using AI models in response to a request sent by the Plugin.
12. Customer content — instructions, content excerpts, block structure, and other website data sent by the Plugin as part of the AI service.

§ 3. Types and scope of services

1. The Provider supplies these electronic services:
   1. Account maintenance and Dashboard access, free of charge;
   2. Domain management and generation and revocation of Installation tokens, free of charge;
   3. the AI service, paid for using Apeari tokens under section 7.
2. The AI service only prepares proposals. The Plugin shows them in a private preview; the Customer publishes changes through their own action in WordPress. Theme file changes require separate Customer approval.
3. Apeari Lite: the hosted AI service prepares structured operations for an allowlist of native Gutenberg blocks on the selected page, or text for new draft pages and posts. It can use only images already selected from the website’s WordPress media library. Lite does not provide theme-file editing, arbitrary HTML, PHP, JavaScript, SVG, shortcode execution, remote media downloads or plugin installation. These boundaries are enforced in the API and the Plugin; an instruction or acceptance of these Terms cannot expand them.
4. Apeari PRO is distributed separately and has a different editing scope. Lite installation tokens cannot access PRO’s theme agent. The edition and scope are shown when an Installation token is issued.
5. Payment covers the remote AI computation and associated service. Local demo editing, native editing, preview and publication do not require buying Apeari tokens. Customers may use their own supported provider keys instead. AI requests, including useful answers without proposed changes, consume tokens when a valid response is returned; requests rejected by the service’s validation are not charged. Publication is a separate local action.
6. Using the Plugin with the Customer’s own API key (OpenAI or Anthropic) is not the AI service. In that mode, data goes directly from the Customer’s website to their chosen provider under that provider’s terms and is not processed by the Provider.

§ 4. Technical requirements and risks

1. The Website requires an internet-connected device, an up-to-date browser with JavaScript and essential sign-in cookies enabled, and an active email address.
2. The AI service additionally requires WordPress 6.5 or later, PHP 8.1 or later, the installed Plugin, an HTTPS connection, and a valid Installation token for the Domain.
3. Connecting Lite requires administrator access, a publicly reachable HTTPS WordPress REST endpoint on the same host and a single-use ownership proof generated in Settings → Apeari. The proof expires after 15 minutes. In multisite, a superadministrator must generate it. Lite requires a Lite-profile Installation token and explicit enablement of the service and data transfer in the Plugin settings. Disabling it prevents subsequent requests; requests already sent may complete and be charged.
4. Electronic services involve ordinary risks such as malware, phishing, and password theft. The Provider never asks for a password or Installation token by email. Customers should use a unique password and up-to-date software.

§ 5. Accounts and formation of contracts

1. The Account agreement is formed when the Account is created. Creating an Account requires an email address, password, and acceptance of these Terms. The agreement is for an indefinite period.
2. The AI service agreement for a Domain is formed upon the first Plugin request authenticated with that Domain’s Installation token. A contract to purchase an Apeari token package is formed when the order is confirmed in the Dashboard.
3. Customers must provide accurate information and must not share their password with third parties. A person or entity must not create Accounts to circumvent limits or section 7(6).
4. Customers may terminate the Account agreement at any time, without giving a reason, by emailing an Account deletion request to the Provider. The consequences of termination are described in section 12.

§ 6. Domains and Installation tokens

1. Customers may only add Domains for websites they manage or have the owner’s permission to manage.
2. An Installation token is shown only once, when generated. The Customer must keep it confidential and enter it only in the Plugin settings for that Domain’s website. The Provider stores only its cryptographic hash.
3. Requests authenticated by an Installation token are assigned to its Domain and charged against that Domain’s Apeari token balance. The Provider may reject requests if the website address supplied by the Plugin does not match the Domain.
4. Customers may revoke Installation tokens in the Dashboard at any time and should do so immediately if a token may have been disclosed.
5. Customers are responsible for AI service use with Installation tokens generated on their Account, unless their use resulted from circumstances attributable to the Provider.

§ 7. Apeari tokens, prices, and payments

1. Apeari tokens belong to a Domain and cannot be transferred between Domains or exchanged for cash, subject to refunds under these Terms and applicable law.
2. Each AI operation uses Apeari tokens corresponding to the AI model’s processed tokens, converted according to model pricing (model type, input, and output) and increased by 25% (a factor of 1/0.8), rounded up. For example, usage equivalent to 8 Apeari tokens is billed as 10 Apeari tokens. The current conversion method is available in the Dashboard before purchase.
3. Before an operation, the Provider reserves the estimated number of tokens. Afterwards, the actual amount due is charged and the excess reservation released. If the Domain’s balance is insufficient, the operation does not run and incurs no charge. Activity history is available in the Dashboard.
4. A multi-step task may require several separately billed AI model calls. The service does not impose a time limit on the whole task. Insufficient tokens pause further work so the Customer can add tokens and resume. Cancelling a task stops further work and does not reverse charges for calls already completed.
5. Package prices shown in the Dashboard are in Polish zloty and are final prices for the Customer. The number of tokens and the total price are shown before the order is placed and saved with the order. Payments are handled through Tpay. Tokens are added to the selected Domain only after server-side payment confirmation. Returning from checkout does not itself confirm payment. Purchases require an available checkout.
6. The Provider issues sales documents as required by law and an invoice at the Customer’s request.
7. Upon a Domain’s first AI service use, the Provider awards free Apeari tokens worth PLN 2 at the token price applicable that day (“Starter tokens”). They are awarded once per website, regardless of the number of Accounts to which its Domain is added, cannot be refunded or exchanged for cash, and are used first. The Provider may remove Starter tokens obtained in breach of these Terms.
8. Apeari tokens do not expire while the agreement remains in force.

§ 8. Using the AI service

1. AI-generated proposals may contain errors, inaccuracies, or content that does not match the Customer’s intent. The Customer reviews every proposal in the preview and decides whether to publish it.
2. The Customer is responsible for content published on their website, including any legally required disclosures about AI-generated content, particularly under Regulation (EU) 2024/1689 (the AI Act).
3. Customer content is processed solely to perform the AI service. The Provider does not use it to train AI models. The AI service uses an external model provider identified in the Privacy policy.
4. The Provider may limit request numbers and sizes as necessary for AI service stability and security.

§ 9. Customer obligations and prohibited conduct

1. Supplying unlawful content or using the Website in a way that breaches the law, good practice, or these Terms is prohibited.
2. Prohibited conduct includes unauthorised access attempts to the Website or other Accounts, disrupting the service, circumventing limits or safeguards, sharing Installation tokens with unauthorised parties, generating content that infringes third-party rights, and creating Accounts or adding Domains solely to obtain Starter tokens repeatedly.
3. Following an unsuccessful request to stop a breach of paragraphs 1 or 2, the Provider may block an Installation token or Account. For serious breaches or threats to Website security, the Provider may do so without prior warning and must notify the Customer promptly.

§ 10. Availability and liability

1. The Provider exercises due care to keep the Website available. Maintenance may be carried out, where possible during low-traffic periods and with advance notice on the Website.
2. For Customers who are neither Consumers nor Entrepreneurs with consumer rights, the Provider’s liability is limited to actual loss and to the amount paid for Apeari tokens in the 12 months before the event causing the loss. This limit does not apply to intentional damage.
3. These Terms do not exclude or limit the mandatory statutory rights of Consumers or Entrepreneurs with consumer rights.

§ 11. Conformity and complaints

1. The Provider is responsible to Consumers and Entrepreneurs with consumer rights for conformity of the digital service with the contract under chapter 5b of the Polish Consumer Rights Act of 30 May 2014.
2. Complaints may be sent by email to [email protected] or by post. Include the Account email address, problem description, relevant Domain and operation date, and requested remedy.
3. The Provider reviews complaints within 14 days of receipt and replies to the Customer’s email address. If the Provider does not respond to a Consumer’s complaint within that period, it is deemed justified.
4. If the digital service does not conform to the contract, a Consumer may request conformity or, under the Consumer Rights Act, a price reduction or withdrawal. An accepted complaint about an AI operation may result in the charged tokens being returned to the Domain’s balance.

§ 12. Right of withdrawal

1. Consumers and Entrepreneurs with consumer rights may withdraw from a distance contract within 14 days of formation, without giving a reason or incurring costs except those in paragraph 4. Sending the notice before the deadline is sufficient.
2. Notices may be sent by email or post, using the optional form attached to these Terms. The Provider promptly acknowledges notices received by email.
3. The Provider refunds payments within 14 days of receiving the notice, using the original payment method unless the Customer agrees to another method that incurs no cost.
4. If the Customer requested the AI service to begin before the withdrawal period ended, they pay for services provided up to withdrawal, equal to the value of the tokens used. The price of unused tokens is refundable.
5. The right of withdrawal does not apply if the Provider fully performed the service with the Customer’s express prior consent and acknowledgement, after informing them before performance began that full performance would end their right of withdrawal.

§ 13. Termination

1. After termination by the Customer, the Provider refunds the price of unused paid tokens within 14 days upon request. Starter tokens and tokens awarded free of charge are not refundable.
2. The Provider may terminate on 30 days’ notice for important reasons: permanent discontinuation of Services, legal changes preventing their provision, or persistent breaches of these Terms. Serious breaches under section 9(3) allow termination without notice.
3. If the Provider terminates for reasons beyond the Customer’s control, unused paid tokens are refunded without a separate request.

§ 14. Personal data and data processing

1. Customer personal data processing is described in the Privacy policy, and cookies in the Cookie policy.
2. Where Customer content contains personal data for which the Customer is the controller, the Customer entrusts its processing to the Provider under Article 28 GDPR. This section forms the processing agreement:
   1. subject and nature: processing data in Customer content to prepare website change proposals, for the duration of the contract;
   2. data types and data subjects: data in the Customer’s website content, particularly identification and contact data of people whose information appears on the website;
   3. the Provider processes data only on documented Customer instructions, constituted by use of the AI service under these Terms, unless processing is legally required;
   4. the Provider ensures confidentiality, applies Article 32 GDPR safeguards, and permits access only to persons bound to confidentiality;
   5. the Customer gives general authorisation for subprocessors identified in the Privacy policy. The Provider gives 14 days’ notice of intended changes; the Customer may object and terminate;
   6. the Provider assists the Customer with data subject rights and Articles 32–36 GDPR obligations to the extent arising from the nature of processing;
   7. the Provider reports personal data breaches without undue delay and within 48 hours of becoming aware;
   8. after the AI service ends, the Provider deletes entrusted data unless retention is legally required;
   9. the Provider supplies information demonstrating Article 28 GDPR compliance and allows audits on an agreed date with at least 14 days’ notice.

§ 15. Changes to these Terms

1. The Provider may amend these Terms for important reasons: legal changes, changes to the scope or provision of Services, token billing changes, introduction of payments, or Website security needs.
2. Customers are informed by email and on the Website at least 14 days before amendments take effect. A Customer who does not accept them may terminate immediately by that date, with a refund under section 13(1). Amendments do not affect tokens already charged for completed operations.

§ 16. Final provisions

1. Contracts are governed by Polish law. This choice does not deprive Consumers of mandatory protections in their country of habitual residence.
2. Disputes with Customers who are neither Consumers nor Entrepreneurs with consumer rights are heard by the court competent for the Provider’s address. Consumer disputes are heard by courts competent under general rules.
3. Consumers may use out-of-court complaint and redress mechanisms, particularly a municipal or district consumer ombudsman or a permanent consumer arbitration court at the regional Trade Inspection authority. Information is available at uokik.gov.pl. The Provider’s participation is voluntary.
4. These Terms apply from 18 October 2026 (Lite update).

Appendix — model withdrawal form

Complete and return this form only if you wish to withdraw from the contract (based on Annex 2 to the Polish Consumer Rights Act).