Terms and Conditions

Last Updated: November 18, 2025

1. Introduction

Welcome to GpxOverlay. These Terms and Conditions ("Terms") govern your use of the GpxOverlay service (the "Service") provided by Marcin Zaremski, a self-employed individual operating under NIP PL6762604679, with registered address at Plac Na Groblach 14/2, 31-101 Kraków, Poland ("we," "us," or "our").

By accessing or using GpxOverlay, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

2. Description of Service

GpxOverlay allows users to upload GPX files and generate overlay videos with real-time stats, maps, and gauges. The generated overlay videos can be downloaded and merged with users' sports footage in their own video editing software.

3. User Accounts

3.1 Account Creation

• Users are identified solely by their email address
• No password or additional authentication is required
• Email addresses are collected when users download generated videos
• No email verification is required

3.2 Account Accuracy

You are responsible for providing a valid email address. You will receive Pro access associated with the email address used during purchase.

4. Service Plans

4.1 Free Version

The free version includes:

• Limited widget selection
• Time limits on rendered videos
• Features available as permitted by the application

4.2 Pro Version

Pro plans are available through one-time payment:

• 1-Year Access: $50 USD - Pro features for one year from purchase date
• Lifetime Access: $100 USD - Pro features with no expiration

Pro features include:

• No time limits on rendered videos
• Access to all available widgets
• All features permitted by the application

4.3 Feature Availability

Features available in both free and Pro versions are determined by the application itself. If the application permits a feature, it is included in your plan.

5. Payment Terms

5.1 Payment Processing

All payments are processed by LemonSqueezy as merchant of record. By making a purchase, you also agree to LemonSqueezy's terms and conditions.

5.2 Pricing

All prices are listed in US dollars (USD) and are one-time payments (not subscriptions).

5.3 Refund Policy

We offer refunds only in the following circumstances:

• The Service does not function due to technical issues on our end (e.g., server crashes during rendering, inability to process valid GPX files)
• You are unable to use the Service due to defects in our application

Refunds are not provided for:

• Change of mind after successfully using Pro features
• User error or incompatible GPX files
• Dissatisfaction with rendering time or video quality
• Any reason after you have successfully generated and downloaded videos

To request a refund, contact us with details of the technical issue preventing use of the Service.

6. User Responsibilities

6.1 GPX File Uploads

• You may upload any GPX files to the Service
• You are responsible for the content of your GPX files
• You must not attempt to abuse the Service through excessive uploads or system manipulation

6.2 Generated Content

• You retain 100% ownership of the overlay videos generated by the Service
• You may use generated videos for any purpose
• By using the Service to generate videos, you grant us a non-exclusive, worldwide, royalty-free license to use your generated videos for marketing and promotional purposes
• You may withdraw this marketing consent at any time by contacting us via email. Upon withdrawal, we will immediately cease using your videos in any new marketing materials, though videos already published may remain in existing materials

6.3 Compliance

You agree to use the Service in compliance with all applicable laws and regulations.

7. Service Availability and Performance

7.1 No Guarantees

The Service is provided on an "as-is" and "as-available" basis. We make no guarantees regarding:

• Service uptime or availability
• Rendering times for videos
• Server stability or performance
• Quality of generated videos

7.2 Technical Limitations

• Video rendering times can be very long
• Servers may crash during rendering
• We are not responsible for failed renders, data loss, or service interruptions

8. Data Storage and Retention

8.1 Data Collection

We collect and store:

• Email addresses (provided at download)
• GPX files you upload
• Generated overlay videos

8.2 Data Retention

• GPX files are stored for up to 1 year for debugging purposes
• Generated videos are stored for up to 1 year
• After this period, files are automatically deleted

8.3 Data Access

• You cannot retrieve or download GPX files after upload
• You can only download generated overlay videos immediately after generation
• We do not provide data portability for uploaded files

9. Account Termination

9.1 Our Right to Terminate

We reserve the right to suspend or terminate your account if:

• We detect significantly higher usage than typical users
• You fail to respond to our inquiries regarding unusual usage patterns
• You violate these Terms
• You abuse the Service

9.2 Effect of Termination

Upon termination:

• Your access to Pro features will be revoked
• No refunds will be provided for remaining subscription time
• Your data will be deleted according to our retention policy

10. Intellectual Property

10.1 Service Ownership

GpxOverlay, including all software, designs, and content, is owned by us and protected by intellectual property laws.

10.2 User Content

You retain all rights to the overlay videos generated using the Service. We do not claim ownership of your generated content.

11. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• We are not liable for any loss of data, revenue, profits, or business opportunities
• Our total liability for any claims related to the Service shall not exceed the amount you paid for the Service in the 12 months preceding the claim
• We are not responsible for server crashes, rendering failures, data loss, or service interruptions

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of uninterrupted or error-free service
• Warranties regarding data accuracy or completeness

13. Changes to Terms

We reserve the right to modify these Terms at any time without notice. Changes are effective immediately upon posting to our website. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

It is your responsibility to review these Terms periodically.

14. Third-Party Services

The Service uses third-party infrastructure and services, including:

• Heroku (server hosting)
• Google Cloud Platform Storage (file storage)
• Supabase (database)
• SimpleAnalytics (analytics)
• LemonSqueezy (payment processing)

Your use of the Service may be subject to the terms and policies of these third-party providers.

15. Governing Law and Disputes

These Terms are governed by the laws of Poland. Any disputes arising from these Terms or your use of the Service shall be resolved exclusively in the courts of Kraków, Poland.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.

18. Contact Information

For questions about these Terms, contact us at:

Marcin Zaremski
Plac Na Groblach 14/2
31-101 Kraków, Poland
NIP: PL6762604679

By using GpxOverlay, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.