STORE REGULATIONS and
TERMS OF USE OF
DEVSTYLE DIGITAL
CONTENT AND SERVICES

Document version: 01
Effective date: 06.11.2023

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The Regulations you are reading apply to the provision of Digital Content and Digital Services available online at https://nextgenarchitecture.com, https://sklep.devstyle.pl, https://devstyle.salescrm.pl and https://cart.easy.tools.

For ease of reference, in the remainder of these Regulations, the module of the website that allows you to purchase products will be referred to as the “Store”.

Please read these Regulations carefully as they govern, among other things, the rules of entering into an agreement, the terms and conditions of the agreement, the use of Digital Content and Services provided, provisions relating to consumers and information on how to make a complaint and withdraw from the agreement.

IF YOU HAVE YOUR HABITUAL RESIDENCE IN THE U.S. OR CANADA, PLEASE READ CAREFULLY THE SECTION OF THE REGULATIONS REGARDING ARBITRATION AND CLASS ACTION & JURY TRIAL WAIVERS, AS THIS AFFECTS YOUR RIGHTS.

An agreement may be concluded by placing an Order on the Store website.

Information available on the Store website and in these Regulations does not constitute an offer but is an invitation to enter into an agreement.

If you have any questions about the content of these Regulations, feel free to contact us at the address below.

§1 General Information

1. For any matter related to purchases and the functioning of the Store, feel free to contact us by email hello@devstyle.pl and by telephone at +48 452 246 901.
2. The Service Provider is the owner of the Store, i.e. Devstyle spółka z ograniczoną odpowiedzialnością with its registered office in Białystok, ul. Marii Konopnickiej 14 lok. 8, 15-215 Białystok, entered in the Register of Entrepreneurs kept by the District Court in Białystok, 12th Commercial Division of the National Court Register under KRS number 0000983500, NIP (Tax ID) 5423453088, REGON (Business ID) 522649044..
3. The Regulations apply to the Store Customers. Whenever we refer to a “customer” in these Regulations, we have in mind persons deciding to purchase products from the Store. Customers include consumers, entrepreneurs with consumer rights and other entrepreneurs.

§2 Definitions

1. DEVSTYLE – Devstyle spółka z ograniczoną odpowiedzialnością with its registered office in Białystok, street: Marii Konopnickiej 14/8, 15-215 Białystok, entered in the Register of Entrepreneurs kept by the District Court in Białystok, 12th Commercial Division of the National Court Register under KRS number 0000983500, NIP (Tax ID) 5423453088, REGON (Business ID) 522649044..
2. Store – websites available at https://nextgenarchitecture.com, https://sklep.devstyle.pl, https://devstyle.salescrm.pl and https://cart.easy.tools.
3. Order Form – a form used to place an order for Products. To complete the form, it is necessary to add selected Products to the Shopping Cart, select a payment method and provide the Customer's data necessary for purchase.
4. Customer – Consumer, Entrepreneur. A Customer is an entity being a natural person or a legal entity that purchases a Product.
5. Entrepreneur – a natural person or a legal entity carrying out business activity that purchases a Product by entering into an Agreement, and the content of this Agreement indicates that it is directly related to the business activity performed by the Entrepreneur and has a professional character for the Entrepreneur.
6. Consumer – a natural person entering into a legal transaction with DEVSTYLE that is not directly related to their business or professional activity.
7. User – a natural person who shall be granted access to the Educational Platform in the event that they are not the same as the Customer and designated by a Customer.
8. Account – the Customer's individual access to the Educational Platform defined by a username and a password in the form of a string of characters securing access to the account.
9. Digital Content – data generated and delivered in digital form.
10. Digital Service – a service that allows the production, processing and storage of or access to data in digital form, or a service that allows the sharing of digital data that have been uploaded or produced by a consumer or other users of that service, or other forms of interaction using such data.
11. Product – the Customer's individual access to the Digital Content or Digital Service which is the subject of the Agreement and which is granted for a specific period of time in accordance with the Agreement. The description of a Product and gross prices are available on the Store website next to the presented Content or Digital Service.
12. Educational Platform – the website owned by DEVSTYLE, operating online at https://edu.devstyle.pl, allowing the Customer or Users to use access to Digital Content, in particular online courses, the access to which the Customer can purchase exclusively through the Store.
13. Price – the remuneration, including taxes, payable to DEVSTYLE for the performance of the Agreement by DEVSTYLE, specified in euro (EUR).
14. Electronic Service – a service provided electronically by DEVSTYLE to the Customer via the Store website.
15. Technical Requirements – these are the minimum technical requirements to be met in order to work with the ICT system used by the Store, including to enter into a Service Agreement or an Agreement, i.e:
    1. a computer, a laptop or any other multimedia device with access to the Internet;
    2. access to electronic mail;
    3. The Customer must have a valid/active e-mail address and, in certain cases, a keyboard or other pointing device to enable the correct completion of electronic forms;
    4. access to an up-to-date web browser: Mozilla, Internet Explorer, Opera, Google Chrome, Safari;
    5. the use of Digital Content or a Digital Service requires electronic equipment and software capable of supporting a file in PDF, pub or mobi format.
16. Agreement – an agreement concluded between DEVSTYLE and the Customer through the Store or otherwise, in particular by sending an Order to DEVSTYLE's e-mail address and payment of the Order placed by the Customer, whereby DEVSTYLE undertakes to make Digital Content or a Digital Service available and the Customer undertakes to pay the Price.
17. Service Agreement – concluded by and between DEVSTYLE and a Customer for the provision of Electronic Services made available through the Store, under the terms and conditions set out in these Regulations.
18. Order – a declaration of will of a Customer submitted via the Order Form with a view to concluding a Remote Agreement, with the use of means of remote communication, in particular the Store website, for which the Customer submits an offer to conclude an Agreement concerning Digital Content / a Digital Service and addressed to DEVSTYLE, and within which the Customer provides their data necessary for the possible conclusion and performance of the Agreement.
19. Business Day – a day from Monday to Friday excluding public holidays in Poland or other days applicable in the relevant country.
20. Shopping Cart – an Electronic Service made available to a Store Customer to enable the Customer to place an Order for a Product, to enter discount codes allowing for the reduction of the Price under the terms laid down in separate agreements/regulations, to display a summary of the Price of individual Products.
21. Promotions – special terms and conditions of the Agreement offered by DEVSTYLE at a specific time, which the Customer may use as defined by DEVSTYLE, e.g. reduction in the Product price.
22. Initial Price – the first Product Price at which a given Product was made available in the Store.
23. Lowest Price of the Last 30 Days Before the Reduction – the lowest Price at which a given Product was available in the Store in the last 30 days before the reduction.
24. Promotional Price – the price of Products in the Store as reduced following the announcement of a Promotion by DEVSTYLE.
25. Regulations – this document specifying the rules of concluding Agreements and the rules of providing and using services, including Electronic Services, made available by DEVSTYLE via the Store to Customers. The Regulations define the rights and obligations of the Store Customer who is a Consumer, Entrepreneur.
26. Educational Platform Regulations – the document specifying the rules of use of the educational platform and creation of an account on the educational platform available online at https://edu.devstyle.pl/pages/regulations.

§3 General terms and conditions of using the Store

1. These Regulations are made available to each Customer free of charge prior to the conclusion of an agreement in a manner that makes it possible to acquire, reproduce and record their content by means of the ICT system used by the Customer.
2. The Customer is obliged to read the content of the Regulations prior to concluding an agreement. If the Customer does not accept the provisions of the Regulations, they should not make any purchase in the Store. Entering into an Agreement with DEVSTYLE means that the Customer has read the Regulations and is bound by its provisions.
3. Prices in the Store are displayed in euros. For Customers from locations where tax is added to a transaction, e.g. use and sales tax or VAT, the Service Provider is responsible for collecting and remitting this tax to the relevant tax authorities. Depending on the Customer's place of purchase, the displayed Price may include such taxes or such taxes may be added during payment.
4. In order to use the Store correctly, it is necessary to meet the Technical Requirements, to have access to a device with the Internet, an up-to-date operating system and an up-to-date web browser, and to have an e-mail account. The Customer should also be aware of the risks of using the Internet (including online shopping) and secure their device with basic technical security measures (e.g. anti-virus software).
5. The Customer is obliged to refrain from providing unlawful content and content prohibited by law (e.g. infringing the personal rights of third parties) and to provide truthful data.
6. To be able to make a purchase in the Store, one must have reached the age at which they have full legal capacity under their domestic law.
7. In particular, a Store Customer is obliged to:
   1. provide only true, up-to-date and necessary data in the forms made available in the Store and to update immediately the data, including personal data, provided by the Customer in connection with the conclusion of Agreements;
   2. use the services and functionalities made available by the Store in a manner that does not disrupt the operation of the Store and in accordance with applicable law, the provisions of the Regulations, as well as in accordance with custom and rules of community life, and also in a manner that does not disrupt the operation of other customers of the Store;
   3. not to provide or submit, within the Store, any content that is prohibited by the applicable law, in particular content that infringes third parties’ copyrights or their personal rights;
   4. not to upload unlawful content, by sending or posting unsolicited commercial information (spam) in the Store or uploading any content that violates the law;
   5. not to modify, in an unauthorised manner, the content provided by the Store, particularly Prices or Product descriptions;
   6. not to take any action with a view to obtaining information not intended for the Customer;
   7. make timely and full payments of the Price and other costs agreed by the Customer.
8. The Customer shall not be entitled to provide their login and password to any unauthorised persons or to use the account of another Customer.
9. Products may be presented in the Store as part of a pre-sale or as part of a Promotion, the terms and conditions of which are posted in the Store.
10. When a Product is made available as part of a Promotion, DEVSTYLE indicates that the Product is available at the Promotional Price and specifies the Lowest Price of the Last 30 Days Before the Reduction.
11. If the Price made available to the Customer on the Store website is personalised, e.g. determined on the basis of information about the Customer obtained from marketing data (profiling), DEVSTYLE shall provide the Customer with information on individual price adjustment (price personalisation) next to the Product on the Store website.
12. DEVSTYLE takes organisational and technical measures to safeguard the security of the use of the Store and the functionalities available within the website (account registration form, order form, etc.).
13. The Customer has the right to notify DEVSTYLE of any irregularities or interruptions in the functioning of the Store by sending an email to hello@devstyle.pl.
14. An Agreement may be concluded by a customer from any country in the world.
15. An Agreement may be also concluded through individual negotiation; to do so, the Customer should contact DEVSTYLE using one of the available contact methods.
16. DEVSTYLE may introduce temporal limitations on the possibility to conclude an Agreement; in particular, the sale of individual Digital Content (online courses) may take place at predetermined intervals.

§4 Electronic Services on the Store website, including creating an Account

1. DEVSTYLE provides the following Electronic Services to Customers through the Store free of charge:
   1. the Service of concluding Agreements under the rules set out in the Regulations;
   2. the Customer Account Service, and storing and making available to the Customer via the Account the history of the Customer's Orders on the Store website;
   3. the Order Placement Service, as defined in the Terms and Conditions;
   4. the Service of enabling Customers to use the Shopping Cart services;
   5. the Service of making Digital Content and Services available on the Store website, when the subject of the Agreement is Digital Content/Service by means of an Educational Platform (Account).
2. DEVSTYLE shall provide the service of maintaining the Account during the performance of the Agreement not less than one year from the date of creating the Account.
3. The use of the Account is possible after the Order is placed; the Account on the Educational Platform is created automatically when a Digital Product is purchased in the Store. As soon as a confirmation of the Account being created is sent, an agreement for running the Educational Platform Account is concluded in accordance with the Educational Platform Regulations, which the Customer accepts when placing the Order. If a Product is purchased on behalf of the User, the agreement for the Account is concluded when the User accepts the Educational Platform Regulations.
4. One must be at least 18 years of age to create an Account. Persons who are under the age of 18 but who are of legal age to use online services in their country cannot create an Account on their own, but they can ask their parents or legal guardians to be the ones to open an Account and help them access content that is suitable.
5. The Account Agreement is concluded for an indefinite term and can be terminated at any time.
6. The Customer logs into the Account using their e-mail address and individual password.
7. The Customer concludes the Agreement without logging into the Store.
8. At the Customer’s request, DEVSTYLE deletes the Educational Platform Account. In order to request the deletion of the Account, the Customer should contact DEVSTYLE at the email address given in the initial part of the Regulations.
9. The Account shall be deleted within 14 days of receipt of the request to delete the Account.
10. If the law of the Client's habitual place of residence specifies a shorter time limit than the one specified in section 15, the Service Provider is bound by the time limit resulting from the law of the Client's habitual place of residence.
11. The use of the Shopping Cart shall commence at the time when the Customer adds the first Product to the Shopping Cart.
12. The Shopping Cart Service is provided free of charge.
13. Complaints related to the provision of Electronic Services may be submitted in writing to DEVSTYLE's registered office address or electronically to the address indicated at the beginning of the Regulations.
14. DEVSTYLE shall respond to any complaint without undue delay, but not later than within 14 days from the date of its receipt.
15. In order to make the process of handling the complaint faster, it is recommended that the description of the complaint provided by the Customer include information and circumstances relating to the subject of the complaint, in particular the type and date of the irregularity and the Customer's request, together with the contact details of the complainant.
16. The aforementioned requirements are only a recommendation from DEVSTYLE and do not affect the effectiveness of complaints submitted without the recommended description.

§5 Conclusion and execution of the Agreement and payments

1. DEVSTYLE shall make it possible to place Orders and conclude Agreements for Products through the Store website.
2. The main characteristics of the Product and the specifications are set out on the product page of each Product on the Store website.
3. A Customer and DEVSTYLE may enter into an Agreement after the Customer has placed an Order under the terms and conditions set out below.
4. The Agreement concluded after the Order has been placed on the Store website using the Order Form, at the moment of confirmation by DEVSTYLE, where the confirmation takes the form of an e-mail sent by DEVSTYLE to the e-mail address indicated by the Customer when placing the Order.
5. The subject matter of the Agreement is DEVSTYLE's obligation to make the Digital Content or Services available to the Customer at the Price specified on the Store website, payable by the Customer.
6. Orders can be placed 7 days a week, 24 hours a day.
7. DEVSTYLE enables the Customer to place an Order in the following manner: by adding a Product to the Shopping Cart, after which the Customer proceeds to the Order Form and confirms the correctness of the data necessary to conclude and perform the Agreement.
8. The Customer is obliged to fill in the Order Form on their own by providing the data necessary for the conclusion and performance of the Agreement.
9. If the Customer provided outdated or false data, this may prevent the fulfilment of the Agreement, as the condition for the placement of an Order is to fill in the Order Form in a correct and complete way. In the Order Form, the Customer is required to provide the following details concerning: their first and last name, e-mail address, address details and details concerning the Agreement, i.e.: selected Product, number of Products, method of payment for the Product by the Customer.
10. After the Customer has provided all the necessary data for the Order, a summary of the Order is displayed.
11. Customers not being Consumers are also required to provide their business name; if they request a VAT invoice as part of the form, they must also provide the billing data, including the business name and Tax ID.
12. In addition to the circumstances indicated above, another condition of placing an Order is for the Customer to accept the terms and conditions of these Regulations and DEVSTYLE's Privacy Policy, as well as paying the Price for the Product when choosing the payment method available in the Store. In the case of a Product that is Digital Content or a Digital Service, the Customer also accepts the terms and conditions of the Educational Platform Regulations.
13. By pressing the “Order and Pay” button (or any other button with equivalent wording), the Customer places an Order (the Customer makes an offer) for the selected Product.
14. The Customer has the opportunity to verify the Products in the Shopping Cart and to make changes until the Order is placed.
15. Before clicking on the “Order and Pay” button (or any other button with equivalent wording), the Customer shall be given the opportunity to select a payment operator and, once the payment operator has been selected, shall be automatically redirected to the payment gateway operated by the selected operator if online payment is selected. Information on the available operators and payment methods is continuously provided on the Store website.
16. Once the Order has been verified, without unreasonable delay, DEVSTYLE shall send a message to the Customer, at the e-mail address provided, confirming the acceptance of the offer made in the submission of the Order and confirming the commencement of the execution of the Order or information on refusal of all or individual offers made in the Order.
17. The Agreement is concluded when DEVSTYLE accepts the Order, by sending an e-mail confirming the acceptance of the Order. In the case of an Order the payment for which must be made under an invoice issued by DEVSTYLE, the Customer shall pay the Price in full by the date indicated on the invoice issued before DEVSTYLE. If this obligation is not fulfilled, the Agreement shall be deemed not to have been concluded.
18. In the event that the Customer refuses to accept the offer(s) made in the fulfilment of the Order, the Agreement in respect of the Product indicated by DEVSTYLE in the refusal email shall not be concluded. In such a case, DEVSTYLE shall immediately, but not later than within 14 days of sending the message referred to above, refund to the Customer the payments made by the Customer to the extent that the Agreement has not been concluded.
19. DEVSTYLE shall send a summary of the Order containing the most important information about the Order to the email address provided by the Customer on the form.
20. DEVSTYLE shall inform the Customer of any other additional costs in the Order Form before the Order is placed by the Customer. The total value of the Order includes the Price and additional costs.
21. DEVSTYLE organises Promotions for selected Products available on the Store website. Promotions are not cumulative unless the provisions of the Promotion explicitly state otherwise. The ability to benefit from a particular Promotion may depend on the availability of the Product on the Store website.
22. DEVSTYLE accepts the following payment methods:
    1. electronic payment (the processing of the Order shall be initiated after DEVSTYLE has sent the Customer a confirmation of acceptance of the Order and after DEVSTYLE has received information that the Customer has made payment), in the form of payment made through a payment operator,
    2. payment by card,
    3. traditional transfer (paid directly to DEVSTYLE's account; within the transfer, please indicate the Order number in the “Title” field).
23. DEVSTYLE shall provide the Customer with a proof of purchase in electronic form. The Customer agrees that a proof of payment, i.e.: an invoice or a receipt, shall be prepared and sent to the e-mail address provided by the Customer when placing an Order or creating an Account.
24. Payment under the Agreement shall be made via https://stripe.com.
25. DEVSTYLE does not store Customers' payment card numbers in its database.
26. Payment takes place according to the rules presented on the Store website. When in doubt, the Customer may contact DEVSTYLE by sending a message to the address indicated in the Regulations.

§6 Digital Content and Services

1. The Digital Content and Services offered on the Store website relate to programming-related content. Within the framework of the Agreement concluded in accordance with the provisions of these Regulations, DEVSTYLE shall make Digital Content and/or Digital Services available to the Customer in accordance with the Customer’s Order.
2. The fulfilment of the Order implies that DEVSTYLE provides the Customer with data enabling access to the content in accordance with the Customer’s Order. The access details shall be sent to the email address specified when placing the Order (login and password for the Educational Platform Account). The creation of an Account on the Educational Platform to be able to use Digital Content and Services is free of charge.
3. The prices of Digital Content and Services are presented to the Customer on the Store website and when placing an Order.
4. Due to the type and duration of Digital Services or Content, individual variants of Digital Content or Services may differ in their scope and level of access to materials.
5. All Digital Services and Content are presented on the Store website. Access to the content of the Order shall be granted to the Customer immediately upon the conclusion of the Agreement (usually upon payment to DEVSTYLE of a fee corresponding to the Price of the Digital Content or Service selected by the Customer) unless otherwise indicated in the description of the Digital Content or Service. An account means an individual panel for each Customer or User designated by the Customer, launched for the Customer by DEVSTYLE on the Educational Platform website.
6. As soon as the Customer logs into the Account after the purchase of the Digital Service or Content or as soon as the ordered Digital Content or Service is accessed, in particular by sending a link to download the material or accessing it, the subject matter of the Agreement is deemed to have been delivered in its entirety to the Customer.
7. If DEVSTYLE has specified a different delivery date for the Digital Content or Service in the description of the Digital Content or Service, the Customer shall be bound by the date specified by DEVSTYLE on the Store website in the description of the relevant Digital Content or Service (pre-sale).
8. Access to subsequent parts of Digital Content or Service within an online course may be divided into parts and be made available to Customers/Users at intervals of one week.
9. Any additional elements, intangible or legal, associated with the Digital Content or Service, such as the possibility of joining a group on Facebook or the Slack platform, or the possibility of contacting the author(s) of the Digital Content, sometimes referred to as a mentor(s), are provided by DEVSTYLE on a voluntary basis and are not included in the Price.
10. In the event that DEVSTYLE discontinues its business activities, it shall allow, within a period of not less than 30 days after DEVSTYLE announced this fact, the downloading of the video material comprising the paid-for Digital Content. The Customer shall be then obliged to procure a connection to the public telecommunications network, a device and the necessary amount of storage to download the content so made available.
11. Where more than one Service for conditional access to the Digital Content is purchased or where the Service for conditional access to the Digital Content is transferred to another person or a person (user) to be granted such access is designated, the Customer is obliged to make available the Educational Platform Regulations and to ensure that the User designated by the Customer has read these Regulations and the Privacy Policy. The responsibility for ensuring this shall be borne by the customer towards DEVSTYLE on a risk basis.
12. Digital Content, in particular online courses, may not be regarded as information that constitutes a form of advice or any form of counselling, in particular legal advice or counselling.
13. Access to Digital Content in the form of e-books requires the Customer to have an end-to-end telecommunication device meeting the following technical conditions:
    1. the possibility of receiving e-mail messages of a minimum size of 2 MB;
    2. the possibility of downloading files shared on the web to one's own storage;
    3. devices with the ability to read one of the formats:
       1. e-pub (electronicpublication)
       2. mobi
       3. pdf (PortableDocument File)
    4. a storage capacity of at least 10 MB
14. Access to Digital Content or Services, in particular online courses, requires the Customer or User to use a telecommunications terminal device that meets the following technical conditions:
    1. at least one of the following web browsers installed:
       1. Mozilla Firefox – in the latest version;
       2. Google Chrome – in the latest version;
    2. installed application enabling the reading of files in PDF format – at least version 1.4 – Adobe Acrobat Reader DC version 11;
    3. the ability to connect the device to a public telecommunications network with a bandwidth of at least 20 mbps;
    4. the ability to play sound on the device;
    5. a processor with at least two cores with a clock speed of not less than 2 GHz;
    6. RAM of at least 4 GB;
    7. a display with a resolution of no less than 1024 by 768 pixels and a diagonal of no less than 7 inches.
15. The Customer or User may attempt to use Digital Content with devices or applications that do not meet the above standards, but DEVSTYLE shall not be responsible for any possible problems, disruptions or any other inconvenience.
16. DEVSTYLE has not implemented any additional technical measures to protect Digital Content.

§7 Educational Platform

1. The use of access to certain Digital Content or Services purchased through the Store, in particular online courses, is only possible through the Educational Platform.
2. The Educational Platform may be accessed only by:
   1. a Customer who accepted, during the purchase process, the Educational Platform Regulations, in which case access is granted automatically;
   2. a User designated by a Customer who has concluded an Agreement in the manner described in these Regulations with respect to Digital Content or a Digital Service made available via the Educational Platform, but has chosen to assign it to a specific User.
3. The Account of an Educational Platform User as well as the services available through it may not be assigned or sold to any other natural person.
4. The Account of an Educational Platform User functions on the basis of an independent agreement, in accordance with Regulations of edu.devstyle.pl educational platform.

§8 Copyright

1. The Customer shall comply with the terms and conditions of this licence in respect of the content available within the Store and the individual Digital Content and Services. DEVSTYLE may specify the terms and conditions of the licence separately by including an appropriate provision in the description of the Digital Content or Service e.g. online course, ebook.
2. The Customer shall have the right to use the Product (including Digital Content or Service) solely for their own use unless otherwise indicated in the Product description.
3. DEVSTYLE grants a full, non-exclusive and territorially and temporally unlimited licence to use the works exploited by the Customer or the User, which they access under the Agreement. The licence shall be limited to those uses of the works which are indicated in the offer or implicitly result from it. The fields of use covered by the licence granted are implicit in the nature of the Product in question, but should never be treated extensively.
4. It is forbidden for the Customer to make the content, in particular the Digital Content or the data to access their Educational Platform Account, available to other parties.
5. The Digital Content and Services available within the Store may not be disposed of by the Customer (in particular through resale or distribution and commercial sale) unless expressly stated otherwise in the Product description or the Regulations.
6. The licence granted to the Customer does not include the right to:
   1. permanently or temporarily reproduce the content available through the Store, including the Products, in whole or in part, for any purpose other than to create a copy for their own use insofar as DEVSTYLE expressly allows the creation of copies,
   2. make any other changes to any part or all of the content, including the Products, available in the Store,
   3. distribute the content, including Products, available on the Store website against payment, by any means and in any form,
   4. distribute the content, including Products, available on the Store website free of charge, by any means and in any form.

§9 Rights for non-conformity of Digital Content or a Digital Service with the Agreement

1. DEVSTYLE shall be liable to the Customer if any Digital Content or Digital Service is not in conformity with the Agreement in relation to Consumers.
2. If any Digital Content or Digital Service is found to be not in conformity with the Agreement, the Customer should contact DEVSTYLE (at the email address provided at the beginning of the Regulations or by letter), specifying at the same time their claim relating to the non-conformity of the Digital Content or Digital Service with the Agreement.
3. If any Digital Content or Digital Service is not in conformity with the Agreement, the Consumer may request to be brought into conformity with the Agreement.
4. DEVSTYLE may refuse to bring the Digital Content or Digital Service into conformity with the Agreement if bringing the Digital Content or Digital Service into conformity with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs for DEVSTYLE.
5. In assessing the unreasonable cost, all the circumstances of the case shall be taken into account̨, in particular the significance of the non-conformity of the Digital Content or Service with the Agreement and the value of the Digital Content or Service conforming to the Agreement.
6. DEVSTYLE shall bring the Digital Content or Service into conformity with the Agreement within a reasonable period of time from the time DEVSTYLE is informed by the Consumer of the non-conformity with the Agreement and without undue inconvenience to the Consumer, taking into account their nature and the purpose for which they are used. The costs of bringing the Digital Content or Service into conformity with the Agreement shall be borne by DEVSTYLE.
7. If the Digital Content or Service is not in conformity with the Agreement, the Consumer may make á declaration to reduce the price or withdraw from the Agreement when:
   1. bringing the Digital Content or Service into conformity with the Agreement is impossible or requires unreasonable costs in accordance with points 4 and 5;
   2. DEVSTYLE has failed to bring the Digital Content or Digital Service into conformity with the Agreement in accordance with point 6;
   3. the lack of compliance with the Agreement continues even though DEVSTYLE has attempted to bring the Digital Content or Digital Service into compliance with the Agreement;
   4. it is clear from DEVSTYLE's statement or the circumstances that it has not brought the Digital Content or Service into conformity with the Agreement within a reasonable time or without undue inconvenience to the Consumer.
8. DEVSTYLE shall consider the complaint within a reasonable period of 14 days. If the law of the Customer's habitual place of residence specifies a shorter period, the Service Provider shall be bound by the period resulting from the law of the Customer's habitual place of residence.
9. If the Customer being a Consumer, in exercising their rights due to the non-conformity of the Product with the Agreement, has made an appropriate demand to DEVSTYLE and DEVSTYLE has not responded to this demand within an appropriate period of time, it shall be deemed that the demand has been acknowledged as justified.
10. In order to accelerate the consideration of the complaint, it is recommended that the description of the complaint provided by the Customer contain information and circumstances concerning the subject matter of the complaint, in particular the type and date of occurrence of non-compliance with the Agreement and contact details of the complainant. The preceding sentence provides only a recommendation and does not affect the effectiveness of complaints submitted without the recommended description of the complaint.
11. If the Customer is an Entrepreneur, DEVSTYLE's liability for non-compliance of the Digital Content or Digital Service with the Agreement is excluded.
12. More information on the rights of purchasers can be found on the websites of the competent consumer rights authorities and institutions.
13. DEVSTYLE shall be liable for the non-conformity with the Agreement of the Digital Content or Digital Service delivered at one time or in parts, which existed at the time of delivery and became apparent within two years of that time. Any lack of conformity with the Agreement which becomes apparent before the expiry of one year after the delivery of the Digital Content or Digital Service shall be presumed to have existed at the time of delivery. If the law of the Customer's habitual place of residence specifies a shorter time limit, the Service Provider shall be bound by the time limit resulting from the law of the Customer's habitual place of residence
14. DEVSTYLE may not rely on the expiry of the time limit for the non-conformity of the Digital Content or Service with the Agreement as indicated in point 13 if it has fraudulently concealed this non-conformity.
15. DEVSTYLE shall be liable for the non-conformity with the Agreement of the Digital Content or Digital Service delivered on a continuous basis that occurred or became apparent at the time when they were supposed to be delivered in accordance with the Agreement. The non-conformity with the Agreement shall be presumed to have occurred at that time if it became apparent at that time.
16. The presumptions set out in points 13 and 15 shall not apply if:
    1. the Consumer's digital environment is not compatible with the technical requirements communicated to the Consumer by DEVSTYLE in a clear and comprehensible manner prior to the conclusion of the Agreement;
    2. the Consumer, despite having been informed in a clear and comprehensible manner prior to the conclusion of the Agreement of the obligation to cooperate with DEVSTYLE, to a reasonable extent and with the least onerous technical means, in order to determine whether the non-compliance of the Digital Content or Digital Service with the Agreement at a given time is due to the characteristics of the Consumer's digital environment, does not comply with this obligation.
17. The rights due to the non-conformity of the Digital Service or Content with the Agreement apply to Store Customers who are Consumers.
18. In countries where the Entrepreneur is covered by consumer rights, the Entrepreneur shall accept these Regulations and then exercise their rights. Such Entrepreneur shall complete the relevant form of incompatibility of the Digital Content or Digital Service with the Agreement and, in particular, provide the data confirming the circumstances of the consumer's entitlement or otherwise provide this information to DEVSTYLE. Such Entrepreneur shall declare in the form sent to DEVSTYLE that the Agreement concluded is directly related to their business activity, but is not of a professional nature for them, arising in particular from the subject matter of their business activity.
19. If the Customer is an Entrepreneur, DEVSTYLE's liability under warranty relating to the Digital Content or Digital Service is excluded.

§10 DISCLAIMER OF WARRANTY

1. THE CUSTOMER USES THE DIGITAL CONTENT AND SERVICES PROVIDED AT THEIR OWN RISK.
2. DIGITAL CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS INDICATED ON THE STORE WEBSITE.
3. DEVSTYLE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED RELATING TO THE DIGITAL CONTENT AND SERVICES INCLUDING: IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
4. DEVSTYLE DOES NOT WARRANT THAT THE DIGITAL CONTENT AND SERVICES WILL BE RELIABLE OR CORRECT, WILL MEET CUSTOMER'S EXPECTATIONS IN FULL, WILL BE AVAILABLE AT A PARTICULAR TIME AND PLACE, IN AN UNINTERRUPTED OR A SECURE WAY, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
5. SOME LEGAL STANDARDS AT THE CUSTOMER'S LOCATION DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO EVERY CUSTOMER. THE CUSTOMER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM COUNTRY TO COUNTRY. DISCLAIMERS AND EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

§11 LIMITATION OF LIABILITY

1. TO THE EXTENT PERMITTED BY LAW, DEVSTYLE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR LOST PROFITS DAMAGE OF ANY KIND, WHETHER BASED ON CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF DEVSTYLE HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
2. TO THE EXTENT PERMITTED BY LAW, DEVSTYLE SHALL ALSO NOT BE LIABLE FOR LOSS OF DATA OR ANY OTHER INTANGIBLE LOSSES RESULTING FROM: ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE DIGITAL CONTENT AND SERVICES, UNAUTHORISED ACCESS, USE OR ALTERATION OF CONTENT OR INFORMATION. IN NO EVENT SHALL THE SERVICE PROVIDER'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO DIGITAL CONTENT AND SERVICES EXCEED THE AMOUNT OF THE PRICE PAID.
3. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE CUSTOMER AND DEVSTYLE, AND THAT THESE LIMITATIONS ARE A MATERIAL BASIS FOR DEVSTYLE'S ABILITY TO MAKE THE SERVICES AVAILABLE TO CUSTOMER ON AN ECONOMICALLY FEASIBLE BASIS.
4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO EVERY CUSTOMER.

§12 Withdrawal from the Agreement and refund

1. The Customer shall have the right to withdraw from the Agreement within 14 days after the purchase of Digital Content or a Digital Service or 14 days after the Customer has been given the opportunity to access the previously purchased Digital Content as part of a pre-sale unless DEVSTYLE explicitly indicates a longer period for the Customer’s rights of withdrawal in the Product description (satisfaction guarantee).
2. In the event of withdrawal, DEVSTYLE shall refund the payment received. The refund shall be made within 14 days from the day DEVSTYLE receives the declaration of withdrawal.
3. To exercise the right of withdrawal, the Customer must inform DEVSTYLE of their decision to withdraw from the agreement by an unequivocal statement (for example, a letter sent by post or email).
4. In order to comply with the withdrawal period, it is sufficient for the Customer to send information concerning the exercise of their right of withdrawal before the expiry of the withdrawal period according to the template attached to the Regulations.
5. Refunds shall be made using the same means of payment as those used in the original transaction unless the Customer has expressly indicated otherwise.
6. The Customer shall not incur any fees in connection with the form of payment refund.
7. An Entrepreneur with consumer rights declares in the form sent to DEVSTYLE that the concluded Agreement is directly related to their business activity but does not have a professional character for them, in particular resulting from the subject matter of their business activity.
8. In relation to a Customer who is not a Consumer or an Entrepreneur with consumer rights, DEVSTYLE shall have the right to withdraw from the Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Agreement in this case may take place without stating any reason and shall not give rise to any claim on the part of the Customer against DEVSTYLE.
9. DEVSTYLE shall have the right to limit the available payment methods, including requiring prepayment in whole or in part in relation to the Customer not being a Consumer or Entrepreneur with their rights.
10. DEVSTYLE may terminate an Electronic Service Agreement with immediate effect and without indicating the reasons, by sending a notice to the Customer not being a Consumer or Entrepreneur with their rights.
11. DEVSTYLE's liability to a Customer not being a Consumer or an Entrepreneur with their rights is limited, both as part of a single claim and for all claims in aggregate, up to the amount of the Price paid, where DEVSTYLE shall not be liable for lost profits in accordance with §11 of these Regulations.
12. Any disputes arising between DEVSTYLE and a Customer not being a Consumer shall be submitted to the court having jurisdiction over the registered office of DEVSTYLE in connection with §14 of these Regulations.

§13 Provisions concerning Entrepreneurs

1. With respect to Entrepreneurs, DEVSTYLE shall have the right to withdraw from the Agreement within 14 calendar days of its conclusion. Withdrawal from the Agreement in this case may take place without stating any reason and shall not give rise to any claim on the part of the Customer against DEVSTYLE.
2. DEVSTYLE shall have the right to limit the available payment methods, including requiring prepayment in whole or in part in relation to the Customer not being a Consumer or Entrepreneur with their rights.
3. DEVSTYLE may terminate an Electronic Service Agreement with immediate effect and without indicating the reasons, by sending a notice to the Customer not being a Consumer or Entrepreneur with their rights.
4. Any disputes arising between DEVSTYLE and a Customer not being a Consumer shall be submitted to the court having jurisdiction over the registered office of DEVSTYLE.

§14 Out-of-court dispute resolution, complaint handling and claim assertion for consumers and ARBITRATION FOR CUSTOMER FROM THE US AND CANADA

1. DEVSTYLE agrees to settle any disputes arising in connection with the concluded Agreement through amicable mediation. The details shall be determined by the conflicting parties.
2. Any disputes related to the services provided by DEVSTYLE shall be settled by the common courts and the applicable law shall be Polish law, but the choice of Polish law shall not deprive the Consumer of any mandatory safeguards under the law of the country to which DEVSTYLE sends the Content and Digital Services where the Consumer has their habitual residence.
3. A Customer not being a Consumer has the possibility to use an out-of-court complaint and claim assertion procedure. The rules of access to these procedures are available at the offices and on the websites of the relevant consumer ombudsmen, social organisations and other entities whose statutory tasks include consumer protection.
4. It is also possible to use the platform of the online dispute resolution system for consumers and traders at EU level (ODR platform), which is available at: http://ec.europa.eu/consumers/odr.
5. The provisions of the Regulations do not preclude the possibility for Customers to invoke mandatory legal provisions governing the protection of consumer rights.
6. CUSTOMER WITH THEIR HABITUAL RESIDENCE N THE U.S. OR CANADA AND DEVSTYLE AGREE THAT ANY DISPUTE, CLAIM OR DISAGREEMENT ARISING OUT OF OR IN CONNECTION WITH THESE REGULATIONS, OR THE APPLICABILITY, BREACH, TERMINATION, VALIDITY, ENFORCEMENT OR INTERPRETATION THEREOF, OR THE USE OF DIGITAL CONTENT, DIGITAL SERVICES OR COMMUNICATION WITH DEVSTYLE (JOINTLY REFERRED TO AS “DISPUTES”) THAT CANNOT BE RESOLVED INFORMALLY SHALL BE SUBMITTED FOR RESOLUTION EXCLUSIVELY TO THE SMALL CLAIMS COURTS OR BY INDIVIDUAL BINDING ARBITRATION, AND THE CUSTOMER, TOGETHER WITH DEVSTYLE, WAIVES THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING THE MATTER BEFORE ANY OTHER COURT.
7. THE CUSTOMER AND DEVSTYLE FURTHER AGREE THAT THEY SHALL ONLY BRING POTENTIAL CLAIMS AGAINST EACH OTHER INDIVIDUALLY AND NOT AS A PLAINTIFF OR PARTICIPANT IN A CLASS ACTION AS PART OF GROUP PROCEEDINGS OR ACTION BROUGHT BY AUTHORISED PERSONS, WHETHER IN COURT OR IN ARBITRATION.
8. THIS BINDING ARBITRATION AND CLASS ACTION SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A LAWSUIT, THE RIGHT TO A HEARING, AND THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE ACTION, EXCEPT AS PROVIDED IN THE AAA (AMERICAN ARBITRATION ASSOCIATION - https://www.adr.org) RULES. OTHER RIGHTS THAT THE CUSTOMER OR SERVICE PROVIDER WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
9. THE AAA (AMERICAN ARBITRATION ASSOCIATION) RULES ARE AVAILABLE AT www.adr.org AND APPLY TO MATTERS NOT COVERED BY THESE REGULATIONS. IF THE CUSTOMER ELECTS TO COMMENCE ARBITRATION, THEY AGREE TO PAY THE INITIAL FEE OF USD 200 (TWO HUNDRED) (OR THE AMOUNT OTHERWISE REQUIRED UNDER THE AAA RULES) AND DEVSTYLE SHALL BEAR THE COST OF THE REMAINDER OF THE FEES AND ANY ADDITIONAL DEPOSIT REQUIRED BY THE AAA TO COMMENCE ARBITRATION. DEVSTYLE SHALL BEAR THE FEES OF THE ARBITRATION, INCLUDING THE ARBITRATOR'S FEE, BUT OTHER FEES, E.G. PROFESSIONAL ATTORNEY'S FEES, TRAVEL EXPENSES FOR THE PURPOSES OF ARBITRATION, SHALL BE PAID IN ACCORDANCE WITH THE AAA RULES AND APPLICABLE LAW. DEVSTYLE SHALL PAY THE COSTS OF THE ARBITRATION IT HAS COMMENCED. DISPUTES SHALL BE RESOLVED BY A NEUTRAL, SINGLE ARBITRATOR SELECTED IN ACCORDANCE WITH THE AAA RULES.
10. The Customer may have rights under applicable consumer protection laws that cannot be excluded, limited or modified under the Regulations. Nothing in the Regulations is intended to supersede your statutory rights as a consumer.

§15 Applicability and changes to the Terms and Conditions

1. DEVSTYLE may amend these Regulations for good reasons, including if the terms and conditions for the conclusion of the Agreement change, when applicable regulations change, when new Products are introduced, and when IT solutions change.
2. Customers who have an Educational Platform Account will be notified of any change to the Regulations and the Educational Platform Regulations by email to the address assigned to the Account.
3. With regard to Customers not being Consumers, DEVSTYLE may amend the Regulations at any time under generally applicable legal regulations.
4. The Regulations in force on the date of conclusion of the agreement shall apply to agreements concluded before the amendment to Regulations. The amendment to the Regulations shall be effective within 14 days from the date of publication.
5. The Regulations shall be governed by Polish law; however the choice of Polish law may not deprive the Consumer of any mandatory safeguards under the law of the country to which DEVSTYLE sends the Digital Content and Digital Services, in which the Consumer has their habitual residence. In such a case, the law of the Consumer's habitual residence shall apply.
6. Actions relating to the Regulations taken by Customers who are not Consumers shall be made in documentary form. Any disputes between DEVSTYLE and Customers not being Consumers shall be settled by the court having jurisdiction over DEVSTYLE's registered office.
7. DEVSTYLE may terminate the Service Agreement with the Customer with 30 days' notice for good reasons, understood as a change in the law governing the provision of services electronically by DEVSTYLE, affecting the mutual rights and obligations set out in the agreement concluded between the Customer and DEVSTYLE or a change in the manner of providing services due solely to technical reasons.
8. DEVSTYLE may terminate the Service Agreement with 14 days' notice to the Customer or deny the Customer any further right to use the Store for good reasons, in particular in the case of a gross violation of these Regulations by the Customer, i.e. in situations where the Customer violates the General Terms and Conditions of Use of the Store.

§16 Personal Data Protection

1. The Customer's personal data shall be processed by DEVSTYLE as the personal data controller.
2. The provision of personal data by the Customer is voluntary, but necessary in order to create an Account, use certain Electronic Services and conclude an Agreement.
3. Additional information on data processing is available in the Privacy Policy: https://nextgenarchitecture.com/privacy.

§17 Final Provisions

1. The Regulations and attachments constitute a model agreement.
2. Any material provisions of the concluded Services Agreement are recorded, secured and made available by sending an e-mail to the address provided by the Customer.
3. The material provisions of the concluded Agreement are recorded, secured, made available and confirmed to the Customer by sending the Customer an e-mail message with confirmation of the Order placed and providing an active link to the content of these Regulations in the e-mail message.
4. A proof of purchase shall be provided by the Store to the Customer by email.
5. The content of the Regulations is available to Customers free of charge on the Store website.
6. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply; however, the choice of Polish law shall not deprive the Consumer of any mandatory safeguards under the law of the country to which DEVSTYLE sends the Digital Content and Services, where the Consumer has their habitual residence. In such a case, the law of the Consumer's habitual residence shall apply.
7. Any dispute arising between DEVSTYLE and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over DEVSTYLE's registered office, taking into account § 14 of these Regulations.
8. By placing any content on the Account or elsewhere on the Store website, the Customer grants DEVSTYLE a non-exclusive, royalty-free licence to use, record in computer memory, modify, delete, supplement, perform in public, display in public, reproduce and distribute, in particular online, such content, without any territorial limitations.
9. Any content made available (including, but not limited to, descriptions of Products) on this website is a manifestation of our own intellectual creation and is protected by copyright law. The use of such content outside of permitted personal use may give rise to criminal and civil liability. When in doubt about the legal nature of the content we have provided or how to legally use it, please write us a message and we will give you a comprehensive answer.

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