§ 1. GENERAL PROVISIONS

  1. The administrator of the services provided as part of the „Droga architecta IT” website is IT MagMaAr Maciej Sobieraj with its registered office in Nowa Iwiczna (05-500) at ul. Graniczna 33BA, NIP: 9511782072, REGON: 362226005, e-mail for correspondence: biuro@drogaarchitektait.pl
  2. The Regulations define the rules for using the services, in particular the scope of services provided by the Administrator and the scope of his responsibility.
  3. The content of the Regulations is available at: https://drogaarchitektait.pl/. At the request of the interested person, the content of the Regulations will be made available to him at the e-mail address provided by him, in a way that enables obtaining, reproducing and recording the content of the Regulations.
  4. The use of additional benefits by users may be regulated by separate regulations, about which the Administrator will inform Users via the website or email communication.

§ 2. DEFINITIONS

  1. Price list – information about the prices of the Services available on the website being an integral part Regulaminu;
  2. Website – website at: https://drogaarchitektait.pl/.
  3. IT architect community website – website at: https://architekturait.pl/
  4. Product Card – a specification of the Regulations describing additional User’s rights resulting from purchasing a service
  5. Civil Code – Act of April 23, 1964, Civil Code (consolidated text of October 8, 2020, Journal of Laws of 2020, item 1740);
  6. Consumer – an adult natural person with full legal capacity, using the services covered by the Regulations to the extent not directly related to his or her business or professional activity, or an adult natural person with full legal capacity, using the services covered by the Regulations to the extent directly related to its business activity, when the content of this agreement shows that it does not have a professional character for the User, resulting in particular from the subject of the business activity carried out by him, made available on the basis of the provisions on the Central Registration and Information on Business.
  7. Account/User Account – a part of the Website constituting a set of resources and rights assigned to a specific User, available after logging in using a login and password, through which the User can use the Services;
  8. Materials – presentations, films, recordings, photos, articles and content prepared in any other form published by the Administrator at https://drogaarchitektait.pl/ or sent in the newsletter.
  9. Copyright – Act of February 4, 1994 on copyright and related rights (i.e. of June 14, 2021, Journal of Laws of 2021, item 1062);
  10. User Profile/Profile – part of the Website available after logging in to the Account, in which information about the User is posted (including: identification data, information on his/her activity, information on followers and visitors);
  11. Entrepreneur – a natural person who is not a Consumer, a legal person or an organizational unit which is not a legal person, which is granted legal capacity by a separate act, conducting business activities, including partners of a civil partnership in the scope of their business activities;
  12. Regulations – these Regulations.
  13. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation data);
  14. Agreement – an agreement for the provision of Services electronically concluded remotely between the Service Provider and the User, the subject and content of which are determined by the provisions of these Regulations, the Price List and information about the Services available on the Website;
  15. Service – an element of the offer described in these regulations, offered as part of the Drogaarchitektait.pl website.
  16. User – a person who has subscribed to the newsletter or purchased the service and accepted the Regulations.
  17. Resources – available on the Website from the functional Account level, including discussion channels (forum) and e-mail.

§ 3. PROVISION OF SERVICES ELECTRONICALLY

  1. The Administrator is also a service provider of services provided electronically within the meaning of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended, hereinafter referred to as: „Act on the provision of services electronically”).
  2. The Regulations also constitute the regulations for the provision of electronic services within the meaning of Art. 8 of the Act on the provision of electronic services. The Administrator provides services electronically in accordance with the Regulations.
  3. By accepting these Regulations, the User undertakes in particular to:
    • respecting the prohibition of providing illegal content, which should be understood as, among others, the prohibition of posting content that is offensive, untrue, immoral, violating decency, promoting violence and hatred,
    • niepodejmowania działań zmierzających do zakłócenia funkcjonowania Serwisu i wejścia w posiadanie informacji oraz danych nieprzeznaczonych dla Użytkownika,not to take actions aimed at disrupting the functioning of the Website and coming into possession of information and data not intended for the User,
    • not to take other actions that would be inconsistent with applicable law, good practices or would violate the rights and personal rights of the Service Provider, other Users and third parties.
  4. The User undertakes to use the content posted on the Website only for his or her own private (non-commercial) use. They cannot be copied or used for other purposes.
  5. If the User, while using the Website, violates the Regulations or applicable legal provisions, or if he otherwise acts to the detriment of the Service Provider, other Users or third parties, the Service Provider may limit his access or deprive him of access to the Website with immediate effect. . The User will be informed immediately (via e-mail) about the measures taken. Obtaining repeated access to the Website requires the prior consent of the Service Provider.
  6. In the event of the event referred to in point 4 above, the User is obliged to take immediate action to remove the reason for limiting or blocking access to the Account, otherwise the Service Provider is entitled to terminate the Agreement with immediate effect without notice.
  7. The Service Provider reserves the right to temporarily suspend the provision of Services on the Website due to the need to carry out service or repair work, as well as in connection with the modernization of the Website. The Service Provider will make every effort to ensure that interruptions in the provision of Services are not inconvenient for Users. Information about the planned temporary suspension of the Website will be provided to Users electronically to the e-mail address provided during registration or via the User Account.
  8. The Service Provider is not liable for interruptions in the provision of Services or disruptions in access to the Website caused by force majeure (fire, natural disasters, epidemic), failures of the User’s equipment, interruptions in power supply or Internet connection, unauthorized interference of Users or third parties or incorrect operation telecommunications systems and software installed on Users’ computer equipment.
  9. The Administrator reserves that the use of the services specified in the Regulations may involve standard risks related to the use of the Internet and recommends that Users take appropriate steps to minimize them. The administrator ensures the operation of the IT system that enables the use of services provided electronically, in a way that prevents unauthorized persons from accessing the content of the transmission comprising these services, in particular using cryptographic techniques appropriate to the properties of the services provided. In the event of planned interruptions, modernizations or other similar cases, the Administrator has the right to notify the User about them via the e-mail address provided to him or generally at https://drogaarchitektait.pl/.
  10. The User’s commencement of using the services covered by the Regulations is tantamount to concluding an agreement for the provision of electronic services.
  11. The User’s consent to use the services covered by the Regulations may be withdrawn at any time. Termination of the contract for the provision of electronic services takes place by ceasing to use the services covered by the Regulations.
  12. The Administrator informs that the Consumer is not entitled to withdraw from the contract in the cases specified in detail in Art. 38 section 1 of the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827), including in relation to contracts for the supply of digital content that are not recorded on a tangible medium, if the performance of the service began the express consent of the Consumer before the deadline for withdrawal from the contract expires and after the entrepreneur informs him about the loss of the right to withdraw from the contract.
  13. The User who is a Consumer acknowledges that granting access to the Materials constitutes the Administrator’s fulfillment of the contract for the supply of digital content referred to in section 8 above. The User who is a Consumer is aware that at the moment specified in the preceding sentence, he loses the right to withdraw from the contract and he consents to this.
  14. Complaints about services provided electronically shall be subject to the provisions of § 7 of the Regulations, with the deadline for filing a complaint counting from the moment the event justifying the submission of the complaint occurs.
  15. In matters not regulated in the Regulations, generally applicable provisions of law apply, in particular the Act on the provision of electronic services.

§ 4. NEWSLETTER

  1. Subscribing to the newsletter entitles you to:
    • receiving subsequent issues of the newsletter to the email address provided during registration
    • access to archived issues of the newsletter [paid version service]
  2. To cooperate with the IT system used by the Administrator and to use the rights resulting from subscribing to the newsletter, the User must have equipment and a system that meets the following minimum technical requirements:
    • having an active e-mail account,
    • Internet access.

§ 5. IT ARCHITECTS COMMUNITY

  1. Purchasing membership in the IT architect community entitles you to:
    • access to the closed server of the IT architect community in the Discord application,
    • participation in regular community meetings on the Zoom platform,
    • access to additional materials available on the mailingR platform.
  2. To cooperate with the IT system used by the Administrator and to use the rights resulting from purchasing membership in the community of IT architects, the User must have equipment and a system that meets the following minimum technical requirements:
    • having an active e-mail account,
    • having an account in the Discord application,
    • Internet access,
    • possibility of using the Zoom application (installed on a computer or via the website),
    • correctly configured and up-to-date version of the web browser,
    • software enabling the correct display of PDF documents,
    • cookie and JavaScript support enabled.
  3. The provider of the Discord server for the IT architect community is Discord Inc., 444 De Haro Street #200, San Francisco, CA 94107. The User’s use of the Discord server is subject to the terms set out in the application provider’s regulations, available at: https://discord .com/terms, https://discord.com/privacy.
  4. The scope of additional requirements and rights resulting from access to the community is described in the Product Card.
  5. The Administrator is entitled to monitor and moderate materials and content transferred, stored or shared by Users as part of the Discord server for the IT architect community.
  6. If a community member is granted additional months of membership, the months resulting from the membership fee are used first, and only after they are fully used, the bonus months of membership are used next.
  7. The owner of the copyright for all works/products prepared by the community and published on social media or on the community website (https://architekturait.pl) is IT MagMaAr Maciej Sobieraj based in Nowa Iwiczna (05-500) at ul. Graniczna 33BA, NIP: 9511782072, REGON: 362226005
  8. Users who participated in the preparation of works/products by the community (mentioned in the description) have the right to use the product free of charge, both for private and commercial purposes, provided that information is included that the product was created within the IT architects community.
  9. The copyright to entries on the community blog (https://blog.architekturait.pl) remains with the authors of these entries, however, the community has the right to use the entry and present it on the blog (https://blog.architekturait.pl) indefinitely.
  10. Community meetings are recorded and the copyright to the recordings is owned by IT MagMaAr Maciej Sobieraj based in Nowa Iwiczna (05-500) at ul. Graniczna 33BA, NIP: 9511782072, REGON: 362226005

§ 6. ONLINE COURSES

  1. Purchasing the course entitles you to:
    • access to course materials on a dedicated platform for the period of time for which access was purchased
  2. To cooperate with the IT system used by the Administrator and to use the rights resulting from purchasing access to the course, the User must have equipment and a system that meets the following minimum technical requirements:
    • having an active e-mail account,
    • Internet access.
    • correctly configured and up-to-date version of the web browser,
    • software enabling the correct display of PDF documents,
    • cookie and JavaScript support enabled.
    • additional requirements are described in the Product Card
  3. The scope of additional rights (if any) is described in the Product Card.

§ 7. COMPLAINTS

  1. Complaints regarding the functioning of https://drogaarchitektait.pl/, including technical irregularities regarding its operation, may be reported by post to the following address: ul. Graniczna 33BA, 05-500 Nowa Iwiczna, with a note that the complaint concerns the IT architect community or by sending an e-mail to: biuro@drogaarchitektait.pl
  2. The complaint should include the name, surname, current address of the User and a detailed description and indication of the circumstances constituting the basis for the complaint.
  3. The Administrator, after receiving a complaint in accordance with section 1 and 2 above, will respond to it within 14 (fourteen) calendar days from the date of delivery of the complaint. The response to the complaint is provided in writing by post or by return e-mail.
  4. After exhausting the complaint procedure, the User has the right to pursue unacknowledged claims in a common court with local jurisdiction in accordance with the provisions of the Code of Civil Procedure.
  5. The user has the opportunity to use out-of-court methods of dealing with complaints and pursuing claims, including: by the User submitting, after the end of the complaint procedure, an application to initiate mediation or an application to consider the case before an arbitration court (the application can be downloaded on the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: . Out-of-court redress after the complaint procedure is completed is free of charge. In the case of a User who is a Consumer and wants to use an out-of-court method of redress, it is also possible to submit a complaint via the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/.

§ 8. CHANGES TO THE REGULATIONS

  1. The Administrator reserves the right to change the Regulations subject to the conditions referred to below.
  2. Changes to the Regulations may concern in particular changing the name of the newsletter, changing the name of courses, extending the options available to Users or changing the address https://drogaarchitektait.pl/. When introducing a change to the Regulations, the Administrator is obliged to inform about it via https://drogaarchitektait.pl/, provided that the changes will enter into force no later than 14 (fourteen) days from their announcement.
  3. The User’s continued use of the rights specified in § 4 section 1, § 5 section 1, § 6 section 1 of the Regulations, after the amendment to the Regulations comes into force, this User is tantamount to expressing consent to the amended content of the Regulations.
  4. The administrator strives to maintain the availability of https://drogaarchitektait.pl/ without time limits. However, the Administrator reserves the right to temporarily suspend the availability of https://drogaarchitektait.pl/ for technical reasons, in particular in order to carry out development work or remove errors, as well as the right to definitively terminate the activity of https://drogaarchitektait.pl/ after at least 14 days’ notice. days’ notice to Users in the event of objectively justified grounds, including in particular those resulting from changes in the applicable legal status, change in the business profile or termination of the Administrator’s business activity.

§ 9. INTELLECTUAL PROPERTY RIGHTS

  1. The Service Provider reserves that the Website and the Newsletter contain content protected by intellectual property law (e.g. graphic elements, logos, computer programs, text content).
  2. The use of the Website and the Services available through it does not constitute the acquisition of any rights to intangible assets to the works. Without obtaining the prior consent of the Service Provider, it is prohibited to copy, distribute, use and modify any components of the Website or content from the Newsletter.
  3. The Service Provider only grants the User a non-exclusive license (hereinafter referred to as the „License”) authorizing the use of the Website and the content included in the Newsletters in a manner consistent with their intended purpose, including on the terms set out in the Regulations, Price List and information posted on the Website, and the license granted to the User does not authorizes the granting of further licenses (sublicenses).
  4. The license is granted by the Service Provider without territorial restrictions for a fixed period corresponding to the period of provision of the Services and expires when the Account is deleted.

§ 10. RISK INFORMATION. ADMINISTRATOR’S LIABILITY

  1. The Administrator is entitled to update, change or delete the Materials and any other elements located at https://drogaarchitektait.pl/ at any time, without giving a reason.
  2. All Materials published by the Administrator on https://drogaarchitektait.pl/ are for informational purposes only. They do not constitute a commercial offer.
  3. Access to the IT Architect’s Way newsletter is voluntary. The User may terminate the use of the services covered by the Regulations at any time.

§ 11. RIGHT TO WITHDRAW FROM THE CONTRACT

  1. Each User (being both a Consumer and an Entrepreneur) may withdraw from the Agreement without giving reasons within 14 days from the date of its conclusion.
  2. Do zachowania 14-dniowego terminu wystarczy wysłanie oświadczenia o odstąpieniu od Umowy przed jego upływem na adres: biuro@drogaarchitektait.pl.To meet the 14-day deadline, it is sufficient to send a declaration of withdrawal from the Agreement before its expiry to the following address: biuro@drogaarchitektait.pl.
  3. In the event of withdrawal from the Agreement, the Service Provider will, within 14 days from the date of receipt of the declaration of withdrawal from the Agreement, refund the User the Fee paid for the Services that the User withdrew from purchasing. The refund will be made at no additional cost and according to the same method as when paying the Fee, unless the User has previously notified the Service Provider of a different method of return.
  4. In the case of a pre-order purchase (before the date of making the product/service available), the 14-day period for withdrawal from the contract begins only on the day the product/service is made available.

§ 12. FINAL STATEMENTS

  1. The User’s personal data are processed on the terms described in the „Privacy Policy” tab available at: Privacy Policy.
  2. To obtain information on the use of the services provided under the Regulations, please contact the Administrator via the e-mail address: biuro@drogaarchitektait.pl. Responses will be provided within 7 business days.
  3. Trademarks listed at https://drogaarchitektait.pl/ belong to the relevant authorized persons, are used only for informational purposes and cannot be used for any purposes without the prior written consent of the authorized persons.
  4. In matters not regulated by the Regulations, the provisions of Polish law shall apply, including the Civil Code and the Act on Copyright and Related Rights.
  5. The Regulations are valid from April 9, 2023 (Last update on January 19, 2024)