Terms & Conditions
of Use

Section 1

Definitions

For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:

Section 2

Seller Identity

SmartSubs Pro is developed and sold by:

Payments and order management are handled by Lemon Squeezy, LLC (223 Wall Street, Suite 382, Huntington, NY 11743, USA), acting as Merchant of Record. As Merchant of Record, Lemon Squeezy is fully responsible for: processing payments, issuing receipts, calculating and remitting applicable taxes (including VAT/GST), and handling chargebacks — in compliance with applicable regulations including the EU Digital Services Act (Reg. EU 2022/2065).

Section 3

Subject Matter

These Terms and Conditions govern the purchase, delivery, and use of SmartSubs Pro, a digital product (as defined under EU Directive 2019/770 and equivalent laws), consisting of:

• A Python script executable inside DaVinci Resolve (version 18.1 or later, Free and Studio editions);
• A Windows (10/11) installer that automatically sets up all required dependencies (Python, OpenAI Whisper, associated libraries);
• English-language user documentation (quick-start guide included in the .zip);
• Access to future version updates released by the Seller within the same product line;
• Email-based technical support under the terms of Section 15.

The Software enables automatic transcription of audio/video files using the OpenAI Whisper engine (fully offline, local execution) and, optionally, AI-powered hook word detection via Google Gemini API (cloud-based, optional, subject to Google LLC's own terms).

Section 4

License Grant

Upon receipt of full payment and subject to compliance with these Terms, the Seller grants the User a personal, non-exclusive, non-transferable, non-sublicensable license to use the Software, under the following conditions:

• Personal or direct professional use: The User may install and use the Software on a reasonable number of devices they own or exclusively use, provided it is operated by a single end user for their own creative projects;
• Indirect commercial use: The User may produce commercially distributed video content (e.g. monetized videos, client deliverables) using the Software, provided the Software itself is not redistributed;
• Updates included: The License covers all updates and patches released within the same product line at no additional cost, except for "major" versions that the Seller may designate as a separate product;
• No time limit: The License is perpetual (lifetime), subject to continued compliance with these Terms.

Section 5

Restrictions on Use

The following actions are expressly prohibited and constitute grounds for immediate License termination and potential legal action under applicable copyright and software protection laws:

• Decompiling, disassembling, or reverse-engineering the Software, or otherwise attempting to extract its source code, except to the extent expressly permitted by applicable law;
• Modifying, translating, or creating derivative works based on the Software without prior written consent from the Seller;
• Removing, altering, or obscuring any copyright notices, trademarks, or other proprietary markings contained within the Software;
• Distributing, selling, sublicensing, renting, lending, or otherwise transferring the Software or any copy thereof to any third party;
• Publishing the Software on any public repository (e.g. GitHub, Gumroad, Patreon, Discord) or file-sharing platform, whether free of charge or not;
• Using the Software to develop a competing product or any application that substantially replicates the core functionality of SmartSubs Pro;
• Circumventing or bypassing any license activation or verification mechanism, present or future;
• Using the Software for any unlawful, fraudulent, or harmful purpose.

Section 6

Purchase & Payment

The License fee is $39.99 USD (thirty-nine US dollars and ninety-nine cents) at the time of publication of these Terms. Pricing is subject to change; the price in effect at the time of your order is the price you pay.

Prices are displayed in US dollars. Local currency conversion is handled automatically by Lemon Squeezy at checkout. Unless otherwise stated, the displayed price is exclusive of applicable taxes. Any VAT, GST, or equivalent local tax applicable to your jurisdiction will be calculated and charged by Lemon Squeezy in its capacity as Merchant of Record, in accordance with applicable law (including EU VAT Directive 2017/2455 for European consumers).

• Payment is due in full, upfront, in a single payment (no instalment plans available);
• Accepted payment methods are those offered by Lemon Squeezy at checkout (Visa, Mastercard, American Express, PayPal, and others as available);
• The purchase contract is concluded at the moment Lemon Squeezy confirms successful payment and sends the order confirmation email with the download link;
• A receipt or invoice will be issued by Lemon Squeezy in accordance with the laws applicable in your jurisdiction.

Section 7

Digital Delivery

The Software is delivered immediately upon payment confirmation, via an email sent to the address provided at checkout. The email contains a personal download link for the .zip archive.

• The download link is personal and tied to your specific order;
• The Seller accepts no liability for non-delivery caused by spam filters, a full inbox, or an incorrect email address provided by the User;
• If you do not receive the download email within 30 minutes of purchase, please contact support at antonio.pennino.mail@gmail.com;
• While continuous availability of the download link is not guaranteed, the Seller will make reasonable efforts to re-provide access to the file if documented loss occurs, upon written request.

Section 8

Right of Withdrawal — EU Consumers

Under EU Directive 2019/770 (Digital Content Directive) and equivalent national laws implementing it, Consumers who enter into a distance contract ordinarily have a 14-day right of withdrawal from the date of contract conclusion, with no obligation to state a reason and no penalties.

8.1 — Exception for Digital Content

The right of withdrawal does not apply to contracts for the supply of digital content not delivered on a tangible medium, where:

1. Performance has begun with the Consumer's prior express consent; and
2. The Consumer has acknowledged that they will lose their right of withdrawal once performance begins.

The Lemon Squeezy checkout process includes a dedicated checkbox that must be selected before completing payment, in which the User confirms their consent and acknowledgment as described above. By checking this box and completing the purchase, the Consumer expressly waives their right of withdrawal, in accordance with applicable law.

8.2 — Withdrawal Where Consent Was Not Obtained

In the unlikely event that the above consent was not properly obtained during checkout, the Consumer's right of withdrawal remains in force. To exercise it, written notice must be sent to antonio.pennino.mail@gmail.com within 14 days of the purchase date. Refunds will be processed by Lemon Squeezy within 14 days of receiving the withdrawal notice, using the same payment method as the original transaction, at no additional cost to the Consumer.

8.3 — Business Buyers (Professionals)

Users purchasing the Software in the course of a commercial or professional activity (Professionals) are not entitled to the consumer right of withdrawal described in this Section.

8.4 — Non-EU Users

Users located outside the European Union are subject to the return policies of Lemon Squeezy and the voluntary 30-day money-back guarantee described in Section 9.

Section 9

Refund Policy — 30-Day Money-Back Guarantee

Regardless of the limitations on the right of withdrawal for digital products set out in Section 8, the Seller voluntarily offers a 30-day money-back guarantee from the date of purchase, as advertised on the sales page.

Conditions for a refund:

• The request must be submitted within 30 days of purchase by emailing antonio.pennino.mail@gmail.com with your Lemon Squeezy order number;
• Refunds are granted at the Seller's discretion. Describing the reason (unresolvable technical issue, material mismatch with the product description, etc.) will help facilitate a positive outcome;
• The Seller may request supporting evidence (screenshots, error logs) for the purposes of product improvement;
• Approved refunds are processed by Lemon Squeezy within 5–10 business days, via the original payment method;
• Upon refund, the License is immediately revoked and the User is required to uninstall and destroy all copies of the Software in their possession.

Section 10

Legal Guarantee of Conformity

In accordance with EU Directive 2019/770 and applicable national implementing legislation, the Seller warrants that the Software conforms to the contract for a period of 2 (two) years from the date of supply.

The Software is in conformity when it:

• Matches the description, quantity, quality, and features as stated on the sales page;
• Is fit for the purposes for which digital content of the same type is normally used;
• Is provided with functional and security updates that the Consumer can reasonably expect throughout the warranty period;
• Operates correctly within the stated system requirements (DaVinci Resolve 18.1+, Windows 10/11, Python installed by the installer).

In the event of a lack of conformity, the User is entitled to:

1. Restoration of conformity (bug fix or replacement update);
2. A proportionate price reduction;
3. Full refund and contract termination, where restoration is impossible or the Seller fails to remedy the issue within a reasonable time.

Section 11

Third-Party Services & Components

The Software integrates or interacts with the following third-party services and technologies, each governed by their own terms and privacy policies:

• OpenAI Whisper — An open-source automatic speech recognition model (MIT License) that runs locally on the User's device. No audio data is transmitted to OpenAI or the Seller. The Seller has no affiliation with OpenAI LLC.
• Google Gemini API — An optional AI service by Google LLC. If the User enables Gemini Hook Detection, transcribed text (not audio) is sent to Google's API for processing. Use of this feature is subject to Google AI's Terms of Service and Google's Privacy Policy. The User is solely responsible for obtaining and managing their own Google API key. The Seller is not responsible for any charges incurred through Google API usage.
• Python & open-source libraries — The installer automatically installs Python and the required libraries (including faster-whisper and others) under their respective open-source licenses. The Seller makes no ownership claims over these components.
• Blackmagic Design / DaVinci Resolve — SmartSubs Pro is an independent plugin and is not developed, endorsed, or affiliated with Blackmagic Design Pty Ltd. "DaVinci Resolve" is a registered trademark of Blackmagic Design. Compatibility with future versions of DaVinci Resolve is not guaranteed in advance.
• Lemon Squeezy — Payment and distribution platform, subject to Lemon Squeezy's Terms of Service.

Section 12

Limitation of Liability & Disclaimers

To the fullest extent permitted by applicable law, and without prejudice to the legal guarantee of conformity described in Section 10, the Seller shall not be liable for:

• Loss of data, project files, timelines, or any other User content resulting from the use or malfunction of the Software;
• Indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, business opportunities, or goodwill;
• Incompatibility of the Software with hardware or software configurations not listed in the system requirements;
• Transcription errors produced by the Whisper AI engine, which operates using probabilistic models subject to inherent error margins;
• Inaccuracies in hook word selection by the Gemini AI model;
• Download or update service interruptions caused by force majeure, Lemon Squeezy maintenance, or network failures;
• Any unilateral changes to DaVinci Resolve's, Google's, or any other third party's terms of service that render the Software partially or entirely non-functional.

In any case, the Seller's maximum aggregate liability to any User shall not exceed the amount actually paid by that User for the Software.

Section 13

Intellectual Property Rights

SmartSubs Pro — including its source code, compiled code, user interface, documentation, brand name, logo, and all proprietary components — is an original work by Antonio Pennino, protected under Italian Law No. 633 of April 22, 1941 (Copyright Act), the EU Software Directive (2009/24/EC), and international conventions including the Berne Convention.

These Terms do not transfer any intellectual property rights in the Software to the User. The User acquires only the right to use the Software (a License), as described in Section 4.

User-Generated Content: All output files produced through legitimate use of the Software (subtitles, Fusion nodes, timeline elements) belong entirely to the User. The Seller makes no ownership claim over any creative content produced by the User using the Software.

The name "SmartSubs Pro", its logo, and associated brand marks belong to Antonio Pennino. Use of these marks without prior written authorisation is not permitted, except for fair nominative use (e.g. reviews, tutorials, journalistic references).

Section 14

Updates, Patches & Future Versions

The Seller is committed to releasing Software updates in order to maintain conformity and functionality over time, in particular:

• Bug fixes and security patches: Included free of charge within the current License and distributed via email or announcement on the Site;
• Minor feature updates: Included free of charge within the current License;
• Major versions (e.g. SmartSubs Pro 2.0): The Seller reserves the right to release major versions as separate products at a new price. Existing License holders may be offered a discounted upgrade as a matter of commercial goodwill, which does not constitute a contractual obligation.

Updates may require specific versions of DaVinci Resolve, Python, or dependencies. The Seller does not guarantee backward compatibility with significantly outdated operating environments.

Section 15

Technical Support

The Seller provides email-based technical support to Users holding a valid License, under the following conditions:

• Channel: Email to antonio.pennino.mail@gmail.com
• Language: English and Italian
• Indicative response time: 1–5 business days (not guaranteed; the Seller is an independent developer)
• Scope: Installation issues, reproducible Software bugs within the declared system requirements, and usage questions related to documented features

Not covered by technical support:

• Software customisations not described in the official documentation;
• Issues caused by environments that do not meet the stated system requirements;
• General DaVinci Resolve usage assistance not directly related to SmartSubs Pro;
• Creative advice or video production consultancy.

Section 16

Privacy & Data Protection (GDPR)

The Seller processes Users' personal data in accordance with the EU General Data Protection Regulation (GDPR — Reg. EU 2016/679) and applicable national data protection legislation.

Data Collected by the Seller

The Seller collects personal data exclusively through Lemon Squeezy (email address, order data) for the purpose of contract execution and Software delivery. The Software itself contains no analytics, telemetry, or tracking code that transmits data to the Seller.

Data Not Collected by the Software

SmartSubs Pro runs entirely locally. The User's audio and video files are never transmitted to the Seller or any external server. The only exception is the optional Gemini Hook Detection feature: if enabled, transcribed text (not audio) is sent to Google's API, subject to Google's Privacy Policy.

Legal Basis & Purposes

• Contract performance (Art. 6.1.b GDPR): Order management, Software delivery, technical support;
• Legal obligation (Art. 6.1.c GDPR): Tax and accounting compliance;
• Legitimate interest (Art. 6.1.f GDPR): Prevention of fraud and abuse of the refund policy.

Your Rights

You have the right to access, rectify, erase, restrict, object to, and port your personal data, as well as to withdraw consent at any time. To exercise these rights, contact the Seller at antonio.pennino.mail@gmail.com. EU residents also have the right to lodge a complaint with their national data protection authority (e.g. the Italian Garante Privacy).

Retention

Order data is retained for the period required by applicable tax and accounting laws (ordinarily 10 years), after which it is deleted or anonymised.

Cookies & Site Tracking

The Site uses technically necessary cookies. For detailed information on site tracking, please refer to our Privacy Policy.

Section 17

Changes to These Terms

The Seller reserves the right to update these Terms and Conditions at any time, to reflect changes in law, product evolution, or business requirements. Changes will be communicated with at least 30 days' notice, via publication on the Site and/or email notification to registered Users.

Changes do not affect contracts already concluded: purchases made before any amendment takes effect remain governed by the Terms in force at the time of purchase, unless the change is mandated by law with retroactive effect.

Continued use of the Software after the effective date of any changes constitutes acceptance of the revised Terms. If you do not accept the updated Terms, you must cease using the Software and may request a pro-rata refund from the Seller within the timeframe communicated in the change notice.

Section 18

Governing Law & Dispute Resolution

18.1 — Governing Law

These Terms and Conditions are governed by Italian law. The following instruments are particularly applicable:

• Italian Consumer Code (D.lgs. 206/2005, as amended by D.lgs. 170/2021 and 173/2021);
• Italian Copyright Act (L. 633/1941) and EU Software Directive (2009/24/EC);
• EU General Data Protection Regulation (Reg. EU 2016/679 — GDPR);
• EU Digital Services Act (Reg. EU 2022/2065);
• EU Directive 2019/770 on contracts for the supply of digital content and digital services;
• Italian E-Commerce Decree (D.lgs. 70/2003).

18.2 — Alternative Dispute Resolution (ADR/ODR)

In the event of a dispute, the Seller encourages an amicable resolution through direct contact first. European Union Consumers may also use the EU Online Dispute Resolution (ODR) platform, available at: ec.europa.eu/consumers/odr.

18.3 — Jurisdiction

For disputes between the Seller and Consumers, exclusive jurisdiction lies with the courts of the Consumer's habitual place of residence or domicile in the EU, in accordance with applicable consumer protection law.

For disputes between the Seller and Professional buyers, exclusive jurisdiction lies with the courts of Naples, Italy.

Section 19

Contact Information

For any enquiries related to these Terms, your purchase, technical support, or personal data, please contact the Seller through the following channels:

For payment, chargeback, or billing matters, contact Lemon Squeezy directly: