Aligata Website Terms of use

§ 1. Definitions

Website - website operating at https://aligata.com.

External website - websites of the Administrator's partners, service providers or recipients.

Service Provider - the company Esentia Aligata Ltd., operating at: Gdańska 2/67 street 01-633 Warsaw, Poland. Tax Identicifation Number: 5471996177, Central Statistical Number: 072886795. The company is registered in the National Court Register (KRAJOWY REJESTR SĄDOWY) maintained by the District Court for the Capital City of Warsaw, XII Economic Division of the National Court Register (SĄD REJONOWY DLA M.ST.WARSZAWY W WARSZAWIE,XIII WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO) under the KRS number 0000186680, with a share capital of PLN 87,450, providing services electronically through the Website. Contact to the Service Provider: e-mail address info@aligata.com, phone +48 502390293

User - a natural person for whom the Administrator provides services electronically via the Website.

Device - an electronic device together with the software through which the User gains access to the Website.

Registration - the process of registering User data on the Website, which is completed by activating the User Account.

User Account - an individual Internet account created on the Website during registration.

Services specified in the Regulations and provided by the Service Provider to the User via the electronic service within the meaning of art. 2 point 2 of the Act of July 18, 2002 on the provision of electronic services.

Builder - a tool for creating websites available online through a web browser after logging into the Website builder.

Pages - a set of pages in one Internet subdomain that the User built in the Website Builder.

GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC.

Act Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2017, item 1219, as amended).

Content - content posted by the User on the Website: texts, photos, graphics, video files, audio files, information, data, messages.

Price List - Services price list.

New domain - domain ordered and leased in Aligata Website Builder.

Own domain - domain ordered on the external service provider.

Regulations these Regulations for the provision of electronic services.

Cookies (cookies) - text data collected in the form of files placed on the User's Device.

§ 2. Preliminary provisions

1. The Regulations have been prepared on the basis of the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2017, item 1219, as amended).
2. The Service Provider provides Services electronically in accordance with the Regulations.
3. By using the Website, the User accepts the Regulations and agrees to the Privacy Policy.
4. Service Specifications and Price List are available at Pricing Page
5. The contract for the provision of electronic services is concluded between the Service Provider and the User at the time of registration of the User Account on the Website.
6. The contract for the provision of electronic services is terminated when the User Account is deleted. Termination of the contract does not require additional statements by the User and the Service Provider.

§ 3. Types and scope of services provided electronically

The Website enables registered Users to create and edit the Website in the Builder. The User may post his content on the Website (specified in §4 item 2).

1. Types of services on the Website
   1. create a User account
   2. entering and updating personal data in the User's Account,
   3. email communication with the User (email messages, newsletter),
   4. Website management in the Builder (change of appearance, settings, content editing, publication of the Website on the Internet)
2. Payment for services
   1. Free services:
      1. registration and creating a User account,
      2. Website management in the Builder
      3. Website hosting
3. Paid services according to the Price List:
   1. additional Builder functions
   2. remove a Website advertisement from the Website
4. Updates. The website reserves the right to add, change and remove functionality in the Builder at any time.
5. Technical support
   1. The Service Provider provides technical support regarding the use of the Builder by e-mail, online chat or by phone from 9:00 to 15:00.
   2. The user can count on a response within 24 hours.
6. Links to external websites on the User's pages
7. Contract duration. Free services are provided for an indefinite period. Paid services are provided for the time specified in the Price List.
8. Users may create a maximum of 3 Sites as part of free services and any number of Sites as part of paid services.

§ 4. Terms of Service

1. Technical requirements to cooperate with the Website
   1. Computer with internet access. A device with a screen size of min. 1024x768 pixels
   2. access to email
   3. using the selected web browser: Google Chrome 76 (or newer), Mozilla Firefox 70 (or newer), Internet Explorer 8.0 (or newer), Safari 13 (or newer), Opera 60 (or newer).
2. Content requirements
   1. The User has the right to change the content of the Website and publish it only as part of his account on the Website
   2. Users have the option of returning to the previous version of the Website after modifying the content
   3. Users are prohibited from placing on Sites, URLs or subdomains:
      1. Content that violates the law (e.g., pornographic, racist, pedophile, fascist, etc.)
      2. Content inciting or spreading hatred, intolerance, discrimination based on sex, origin, sexual orientation, nationality, religion, political beliefs
      3. Adult content (e.g., sexually explicit nudity)
      4. Trademarks protected by rights which he does not own
      5. Content protected by law (e.g. music, movies, games) to which there is no copyright
      6. Content that violates the privacy and personal rights of third parties
      7. Content that threatens health or life, violates public security
      8. Content or Black-Hat SEO tools (used only for positioning websites on the Internet)
      9. Content that violates the principles of fair competition
      10. Content or tools containing elements that may cause interference in the operation of the Website or other external Services
      11. Content or data that is a data repository on another server (so-called mirror server).
      12. Spam content or tools
      13. Content, files, malicious programs (e.g. viruses, worms, spiders)
      14. Content or tools designed to phishing information or personal data
      15. Content or tools used to cheat so-called scam (e.g. financial pyramids, chains of luck, getting rich quickly)
      16. Content advertising illegal, dangerous products (e.g. weapons, drugs, stolen items)
      17. Content advertising gambling, casinos, sports betting
   4. The Service Provider has the right to block the Website or delete the account if the User places any of the above-mentioned content in § 4 2.c.
   5. The User declares that he is the owner of the Content which he places or has permission to publish.
   6. The Website has the right to place a Website advertisement on the User's Website as part of the Free Services.
   7. The User has the right to place links to external Websites, except for Websites containing the Content listed in §4 item 2.c.
   8. Users are required to place on the Website the so-called Privacy Policy, i.e. a description of what information about the Visitors of his Website collects and how he uses it.
3. Ownership
   1. The Service Provider is the owner of the subdomain under which the User Website is available.
   2. The sole owner of the Website's software, Website AMP HTML / CSS code, graphic designs of templates, texts on the Website and Website logos is the Service Provider. No part of the Website, software, Website code, template designs, texts from the Website may be copied, changed, distributed and / or sold without the written consent of the Service Provider.
   3. The Service Provider offers the User the right to use graphic designs of templates and their modification only as part of using the Website. The user is not allowed to copy graphic designs and place them on other servers and / or resell them.
   4. Photos and components (fonts, icons) used in graphic designs come from external websites offering free licenses and the right to place them on personal and company websites. Pictures and components can be replaced at any time.
   5. The User gives the Service Provider's consent to host Content, manage it as part of the Service (including but not limited to copying, formatting, modification, publication, distribution).
   6. If a User account is deleted, the Service Provider has the right to delete all User Content
   7. The Service Provider has the right to use the image of the User's Website (screenshot of the Website, link to the Website, text describing the Website) for the Website's promotional and marketing purposes.
4. New domain lease conditions.
   1. Service Provider enables the User to choose a new domain with the .com, .eu, .pl extension.
   2. The user leases a new domain from the Service Provider.
   3. The user has the right to use the new domain under the account in the Website.
   4. You get one new domain for each Annual PRO plan purchased.
   5. The new domain can be connected to any page with a purchased 1 year PRO plan.
   6. The new domain is valid only when the PRO plan is active (paid).
   7. After the PRO plan expires, the domain is disconnected from the pages.
   8. The user has the right to renew the domain for another year along with the renewal of the PRO plan.
   9. The rates on the Domains Page apply when renewing a domain for another year
   10. OVH is the registrar of domains available at Aligata.com
5. Conditions for connecting your own domain
   1. The website gives the User the option to redirect his own domain to the selected page.
   2. The page to which the domain is redirected must have active (paid) PRO plan.
   3. After the expiry of the PRO plan, the domain is disconnected from the page.
   4. The user is obliged to renew / pay for the domain on his own with his domain registration provider.

§ 5. Security

1. When registering a User account, the User is obliged to:
   1. provide true, current and complete data
   2. store your account access password confidentially and without third party access
   3. immediately inform the Service Provider if he discovers disturbing changes on the Website he creates
2. The User declares that:
   1. is at least 18 years old
   2. is capable of civil law transactions
   3. is responsible for activities under the User Account (e.g. placing content, sharing the password with third parties)
   4. places its private information (photos, e-mail addresses, telephones) on the Sites on its own responsibility, bearing in mind that the Sites are publicly available on the Internet.
3. The website uses SSL security when logging into the account
4. For security reasons, it is not possible to change the password. If you forget, the Website will ask you to enter a new password.
5. The Service Provider collects, protects and processes Users' personal data in accordance with its Privacy Policy

§ 6. Payment for services

1. The user can place order for services after logging in to their Aligata account.
2. The order is processed immediately after being paid.
3. Payments for selected services are made by the User using a Payment Gateway in Aligata system.
4. Payment Gateway
   1. Payment gateway on the Website is served with IMOJE handled by ING Bank Śląski.
   2. The default currency of payment is EUR.
   3. Payments are made via an encrypted connection (SSL)
   4. The website does not store any data regarding payment cards or access information to the User's bank account or User's Paypal account.
   5. The User can choose the following payment methods: BLIK payments, payment card, electronic transfer via the external payment system imoje, serviced by ING Bank Śląski S.A. with its registered office in Katowice.
   6. The User pays any transfer fees according to the agreement with the bank in which he has the bank account
5. The service has the right to change prices at any time, while prices are guaranteed for the period of paid service purchased.
6. Paid services are provided from the moment the Website receives confirmation from the payment gate that payment has been completed successfully.
7. Payment is made in advance for 12 months / 6 months / 1 month.
8. Users may purchase paid services for the Website at any time
9. It is possible to renew the Services before 12 / 6 / 1 month for the following period. If the User does not renew the Services, he may still use the Free Services.
10. The user who wants to receive a VAT invoice agrees to issue and receive the e-invoice.

§ 7. Processing of personal data

1. User registration requires an email address
2. Using paid services requires providing personal data such as email address, first name, last name.
3. To receive a VAT invoice, the User should provide current, full company details such as tax identification number, company name, registered office address.
4. The Service Provider has the right to process User's personal data to the extent necessary to perform the Service. Details are included in the Privacy Policy
5. Providing personal data is voluntary, but failure to provide them prevents you from using the Website's Services.
6. The User has the right to view the content of his personal data processed by the Service Provider, update or delete them.

§ 8. Complaints

1. In case the User is convinced that the operation of their Service is inconsistent with the Terms of use or that Service Provider does not fulfill the obligations arising from the Regulations the User is entitled to file a complaint.
2. The complaint should be sent from the e-mail address provided during the registration of the User's account.
3. Complaints should be reported no later than 7 days from the occurrence of the event that is the basis for the complaint. A complaint reported after this time will not be considered.
4. Complaints are accepted in writing. The complaint should include: name, surname, e-mail address, problem description, User's request, signature.
5. Complaints are processed within 14 days.
6. The above-mentioned also applies to a private individual who concludes an agreement directly related to their economic activity, when the content of this agreement indicates that it does not have a professional character for this person, arising in particular from the subject of their economic activity made available on the basis of the provisions on the Central Register and Information on Economic Activity (CEiIDG).

§ 9. Cancellation of the Service

1. The User has the right to withdraw from the concluded contract in writing without stating a reason within 14 days from the date of contract conclusion. Legal basis: the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended), Article 27.
2. If the User is dissatisfied with a paid Service, they have the right to resign and receive a refund for the Service within 14 days from the date of purchase. Legal basis: the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended), Article 27.
3. The 14-day refund guarantee does not apply to the User who ordered a New Domain as part of a paid Service. Legal basis: the Act of May 30, 2014 (Journal of Laws of 2014, item 827), Article 38, point 3, and Article 38, point 6.
4. In the case of a refund for the Service, funds are transferred via bank transfer to the User's designated bank account.
5. The above-mentioned also applies to a private individual who concludes an agreement directly related to their economic activity, when the content of this agreement indicates that it does not have a professional character for this person, arising in particular from the subject of their economic activity made available on the basis of the provisions on the Central Register and Information on Economic Activity (CEiIDG).

§ 10. Liability

1. The website provides various tools for editing and publishing websites as part of the Builder
2. The Service Provider undertakes to provide the Services at the highest possible level for them.
3. Services are available 24/7 except in the following cases:
   1. suspension of access to the Website for security reasons
   2. interference Force Majeure.
   3. updating and performing conservation works on the Website
4. The Service Provider is not responsible for the User's actions (e.g. sharing the account password with third parties, advertising products, expressing opinions, disclosing private data, etc.)
5. The Service Provider does not check the correctness of the HTML / CSS / JSON code added to the Website itself and is not responsible if the site stops functioning properly or loses the character of AMP / RWD / PWA pages because of this.
6. BACKUP Service Provider, i.e. backup copies of each published version of the Website. Backups are available on request.
7. The Service Provider is not obliged to monitor the content posted by the User on the Sites, however it may do so.
8. The Service Provider does not support and is not responsible for the content, advertising and other materials that the User places on the Sites, including, among others for the correctness, lawfulness and completeness of information.
9. The Service Provider has the right to block the Website / delete the account if the User violates the Regulations or breaks the law.
10. The Service Provider has the right to delete the Website / User Account.
11. Service provider to the extent permitted by applicable law:
    1. shall not be liable for any loss of business, data loss, loss of profit, loss of goodwill or any indirect loss suffered by the User as a result of using / not using the Services.
    2. is not responsible for the lack of access to the Website for reasons beyond the control of the Service Provider.
    3. shall not be liable for any losses resulting from interruptions, disruptions as a result of introduced changes on the Website of a technical, maintenance or operational nature
    4. shall not be liable for any loss or damage caused by force majeure, e.g. lightning strikes, floods, fires, wars, acts of terrorism, protest actions, system failures, internet congestion.
    5. is not responsible for services provided by third parties, for which it is an intermediary, e.g. maps provided by Google Maps, video provided by YouTube, feeds provided by Facebook, Instagram, IMDB.
12. The Service Provider's total liability for any loss or damage is limited to the amount actually paid by the Customer in the year of service which is the subject of the complaint </ol>

§ 11. Final provisions

1. The Service Provider is entitled to change the Terms and Conditions at any time.
2. The modified Terms and Conditions will be published on the Service website.
3. The User has 14 days to familiarize themselves with the new Terms and Conditions. Using the Service after 14 days from the change of the Terms and Conditions is equivalent to their acceptance.
4. The Terms and Conditions are subject to Polish law.
5. The court having jurisdiction to settle disputes related to the performance of the Terms and Conditions is the court having jurisdiction over the Service Provider's registered office.
6. The Terms and Conditions shall enter into force on 26.04.2023.