Terms of Use

Effective from 12 November 2026.

This is a translation of the Polish original. If the two versions differ, the Polish version prevails.

The Terms consist of five parts:

• Part I. Common provisions.
• Part II. Use of the almhost.pl and makowej.pro websites. This part applies to everyone who visits these websites and constitutes the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on Providing Services by Electronic Means.
• Part III. General terms of service: website development, hosting and maintenance. This part applies to ALM’s clients.
• Part IV. Notices of illegal content and moderation rules, as required by the Digital Services Act.
• Part V. Final provisions.

Annex: Data Processing Agreement.

Part I. Common provisions

§ 1. Service provider and contact

1. The service provider is Agnieszka Makowej, trading as ALM Agnieszka Makowej, ul. Słoneczna 32/9, 33-100 Tarnów, Poland, NIP (tax identification number) 8732999786, REGON 121015025, entered in the Central Register and Information on Economic Activity (“ALM”). ALM Host is the name under which ALM builds, publishes and maintains websites; it is not a separate entity.
2. Contacting ALM:
   1. general matters, orders and complaints: biuro@almhost.pl;
   2. personal data: rodo@almhost.pl;
   3. notices of illegal content and abuse: abuse@almhost.pl;
   4. in writing: ALM Agnieszka Makowej, ul. Słoneczna 32/9, 33-100 Tarnów.
3. Communication with ALM is possible in Polish and English.

§ 2. Definitions

The following expressions used in the Terms mean:

1. Sites: the almhost.pl and makowej.pro websites.
2. User: any person who uses the Sites.
3. Client: a business or other entity that has concluded an Agreement with ALM in connection with its activities.
4. Client with Consumer Rights: a Client who is a natural person and concludes an Agreement directly related to their business activity, where the Agreement is not of a professional nature for them, within the meaning of Article 385⁵ of the Civil Code and Article 7aa of the Consumer Rights Act of 30 May 2014.
5. Agreement: an agreement for the provision of the Services concluded between ALM and the Client; the Terms form part of it.
6. Services: the Project, Hosting, Maintenance and other services specified in the Agreement.
7. Project: the design and development of the Website.
8. Hosting: publishing the Website and making it available on the internet using the infrastructure of Third-Party Providers, together with the configuration of the Website’s domain, DNS, certificates and forms.
9. Maintenance: changes, updates and development of the Website to the extent specified in the Agreement.
10. Website: a website developed, published or maintained by ALM for the Client, together with its code, graphics and content.
11. Demo Project: a website prepared by ALM on its own initiative, before an Agreement is concluded, in order to present an offer to a business.
12. Client Content: information and materials that the Client has provided, indicated or approved for publication on the Website (in particular texts, data, prices, photographs, logos, reviews and documents), as well as information sent by users of the Website, e.g. through forms.
13. Third-Party Providers: entities independent of ALM whose services are used in providing the Services on terms set by those entities, in particular Cloudflare, Inc. (infrastructure, DNS, e-mail, protection against attacks), GitHub, Inc. (code repositories), domain registrars and registries, e-mail providers, licensors of photographs, fonts and software, and operators of search engines, maps and other online platforms.
14. Documentary form: an e-mail or other document that makes it possible to identify the person making the statement (Article 77² of the Civil Code).
15. Business Day: any day from Monday to Friday, except statutory public holidays.

Part II. Use of the Sites

§ 3. Services on the Sites

1. ALM provides the following services by electronic means on the Sites free of charge:
   1. browsing the content of the Sites in Polish and English;
   2. on almhost.pl: browsing the portfolio, previewing screenshots of websites, checking the availability of the websites in the portfolio (the “Status” section) and measuring the server response time.
2. The Sites do not contain forms, user accounts or any functions enabling Users to publish content.
3. The agreement for the provision of services on the Sites is concluded when any page of a Site is opened and terminates when the Site is left. The User may stop using the Sites at any time, without giving reasons and at no cost.
4. ALM may change the Sites or stop making them available at any time.

§ 4. Technical requirements and risks

1. Using the Sites requires a device with internet access and an up-to-date web browser. The content of the Sites is also available without JavaScript; the “Status” section, previews and animations require it.
2. The Sites do not set cookies. In the browser’s storage they store only the User’s choices (theme, language, closing of a hint), as described in the Privacy Policy. If Cloudflare considers traffic suspicious, it may set a cookie needed for verification, also described in the Privacy Policy.
3. Using the internet involves typical risks, such as malware, websites impersonating well-known services (phishing) or interception of data on an unsecured network. The Sites are available only over an encrypted connection (HTTPS). ALM recommends keeping the browser and operating system up to date and checking that the address in the browser is almhost.pl or makowej.pro.

§ 5. Rules of use

The User must not:

1. use the Sites in a manner that is contrary to the law or to accepted standards of conduct (dobre obyczaje), or that infringes the rights of others, including supplying unlawful content through them;
2. disrupt the operation of the Sites, circumvent their security measures, overload them with automated requests or gain access to data not intended for the User.

§ 6. Nature of the information and links

1. The content of the Sites, including descriptions of services, is for information purposes and is not an offer within the meaning of Article 66 of the Civil Code. An Agreement for the provision of the Services is concluded in the manner described in Part III.
2. The results of the “Status” section and of the response-time measurement are indicative. They reflect the time and place of measurement and are not a commitment as to the availability of any website.
3. The Sites contain links to the websites of ALM, its partner, clients and other entities. The owners of clients’ websites are responsible for their content and for the services offered on them. Each of these websites has its own terms of use and data protection rules.

§ 7. Intellectual property rights

1. The content and appearance of the Sites, including texts, graphics, logos, screenshots, layout and code, are protected by copyright and other legislation. The rights to them belong to ALM or to their owners, including clients whose websites ALM shows in its portfolio.
2. The content may be viewed, and saved and printed for personal use. Any other use, in particular copying and publishing elsewhere, requires the prior consent of the rightholder, unless the law provides otherwise.
3. The names and trade marks of other entities are used solely to identify the websites and technologies ALM works with.

§ 8. Complaints about the Sites

1. A complaint about the operation of the Sites may be submitted by e-mail to biuro@almhost.pl or in writing to ALM’s address.
2. The complaint should describe the problem and state the date on which it occurred and contact details. ALM considers the complaint within 14 days of receiving it and replies in the same way in which it was submitted, unless the complainant specifies another way.

§ 9. Liability for the Sites

ALM takes care to ensure that the information is correct and that the Sites are available, but does not guarantee that the information is complete, up to date and free of errors, or that the Sites will operate without interruption. To the extent permitted by law, ALM is not liable for damage resulting from the use of information published on the Sites or from their unavailability. This does not apply to damage caused intentionally and does not limit consumers’ rights under mandatory provisions of law.

Part III. General terms of service

§ 10. Scope and conclusion of the Agreement

1. The Services are intended for businesses and other entities that acquire them in connection with their activities. ALM does not provide the Services to consumers.
2. The Agreement is concluded when the Client accepts ALM’s offer or ALM accepts the Client’s order, in documentary or written form. The offer or the Agreement specifies the scope of the Services, the fees, deadlines and other arrangements.
3. ALM provides the Terms to the Client before the Agreement is concluded, in electronic form that allows them to be stored and reproduced (Article 384 § 4 of the Civil Code). The Terms are also permanently available on almhost.pl.
4. The provisions of the Agreement take precedence over the Terms. The Client’s general terms and conditions or standard forms are not binding on ALM unless ALM expressly accepts them in documentary form.
5. A Client who is a natural person may state, when concluding the Agreement, whether the Agreement is of a professional nature for them. ALM does not make the conclusion of the Agreement conditional on such a statement. In the absence of a statement, the nature of the Agreement is assessed in accordance with the law, in particular on the basis of the Client’s scope of business as disclosed in the Central Register and Information on Economic Activity (CEIDG).

§ 11. Demo Projects

1. ALM may, on its own initiative and at its own cost, prepare a Demo Project for a business in order to present an offer to it. Preparing and showing a Demo Project does not oblige the business to conclude an Agreement or to make any payment.
2. All rights to the Demo Project belong to ALM, except for rights to the business’s content and distinctive signs, which are used solely to present the proposal. The business may use the Demo Project only after concluding an Agreement, on the terms of that Agreement.
3. A Demo Project is marked as an ALM project, and messages sent through its forms go to ALM. Information about the business’s offering included in a Demo Project comes from publicly available sources and is for illustrative purposes.
4. At the business’s request, ALM takes the Demo Project offline without delay. The rules for processing the business’s data are described in the GDPR Notice.

§ 12. Project: development of the Website

1. ALM develops the Website in accordance with the scope and schedule set out in the Agreement, with due care and in line with current technical knowledge.
2. The Client cooperates with ALM by providing the Client Content and the information needed to develop the Website, answering questions and submitting comments within the agreed deadlines. Any delay by the Client extends ALM’s deadlines by the length of that delay.
3. ALM may prepare the texts of the Website on the basis of information from the Client and publicly available sources. Before publication, the Client checks and approves all content, in particular facts, prices, business details, descriptions of services and information required by law. Approved content becomes Client Content.
4. ALM makes the Website available to the Client for acceptance. The Client submits comments within 7 days of the Website being made available; comments should identify non-conformities with the Agreement. After taking them into account, ALM makes the Website available again. If the Client does not submit comments within that period or agrees to the publication of the Website, the Website is deemed accepted.
5. ALM’s liability under the statutory warranty for defects (rękojmia) in the Website is excluded (Article 558 § 1 of the Civil Code). Instead, ALM fixes free of charge any errors in the Website reported within 30 days of acceptance that consist in its non-conformity with the Agreement. The exclusion does not apply to defects that ALM fraudulently concealed.

§ 13. Hosting

1. Hosting consists in publishing the Website on the infrastructure of Third-Party Providers, primarily Cloudflare, and in ALM configuring and supervising that infrastructure to the extent needed for the Website to operate: the domain, DNS, TLS certificates, deployments, forms and security measures.
2. The infrastructure is provided by Third-Party Providers on their own terms, over which ALM has no influence. ALM’s obligation consists in selecting Third-Party Providers with due care and in correctly configuring and supervising their services; ALM does not undertake to achieve a specific result in the form of uninterrupted availability of the Website.
3. ALM exercises due care to ensure that the Website is available and operates correctly, but does not guarantee any specific level of availability unless the Agreement expressly provides for such a level and the consequences of failing to achieve it. Availability monitoring results, including those published on almhost.pl, are for information purposes.
4. ALM may carry out technical work. Where possible, ALM notifies the Client of work that may cause an interruption in the operation of the Website.
5. ALM may change the Third-Party Providers, the technology and the configuration of the Hosting where this is justified by security, business continuity, a change in the terms or the discontinuation of services by a Third-Party Provider, or technical progress, provided that the Website retains the agreed functions. ALM informs the Client of material changes in documentary form.
6. The code of the Website is stored in a repository with a change history, which allows the Website to be restored and republished. Form messages are delivered by e-mail to the address specified by the Client, and ALM does not store them. The Client is responsible for its mailbox and for copies of the data stored in it.
7. ALM forwards form messages through e-mail services. ALM is not liable for non-delivery of messages for reasons attributable to the recipient’s mail server or its spam filters, as a result of an incorrect address specified by the Client, or, on the terms of § 20(2)(4), for reasons attributable to Third-Party Providers.
8. If the Website operates at an address in the almhost.pl domain, the Client acknowledges that this domain is shared by the websites of many entities. ALM recommends using the Client’s own domain.
9. The Client’s domain is registered in the name of the Client, who is its registrant and is responsible for renewing it, unless the Agreement provides otherwise. ALM is not liable for the loss of the domain as a result of the Client’s failure to renew it, the registry’s rules or the registrar’s actions.

§ 14. Maintenance and changes to the Website

1. The scope of Maintenance, including the number and type of changes covered by the fee, is specified in the Agreement. ALM makes other changes after the scope and fee have been agreed in documentary form.
2. The Client sends change requests in documentary form. ALM may refuse to make a change that would infringe the law, the Terms or the rights of others, or compromise the security of the Website or the infrastructure.

§ 15. Client’s obligations and Client Content

1. The Client is responsible for the Client Content that it has provided, indicated or approved for publication, including for ensuring that:
   1. it is true, up to date and lawful, in particular compliant with the legislation on consumer protection, combating unfair competition, advertising and prices, and with the advertising rules applicable in the Client’s profession;
   2. it does not infringe the rights of others, including copyright, trade mark rights, personal rights and privacy;
   3. the Client has the right to publish it and, where it contains personal data of other persons (e.g. employees or customers), has a legal basis for doing so.
2. The Client is the controller of the personal data of the Website’s users and the service provider in relation to them. The Client is responsible for the Website’s legal documents (privacy policy, terms of use, GDPR notice) and for their consistency with how the Client’s business actually operates. ALM does not provide legal assistance: the document templates that it prepares for the Website are a starting point, which the Client checks and approves; ALM recommends having them reviewed by a lawyer.
3. The Client is responsible for its accounts and activities on the services of Third-Party Providers, e.g. with the domain registrar, in the business profile on online maps, in advertising systems and on social media, and for complying with their terms and conditions.
4. The Client protects the access credentials received from ALM and informs ALM without delay of their disclosure or of any suspected unauthorised access.
5. The following must not be placed on the Website or distributed through it:
   1. illegal content;
   2. malware, data-harvesting pages (phishing) or content that is misleading as to the identity of its author;
   3. unsolicited commercial information or tools for sending it;
   4. content that infringes the terms and conditions of the Third-Party Providers on which the Hosting relies, in a manner that threatens the infrastructure, the Websites of other Clients or the shared domain;
   5. forms collecting special categories of data (e.g. health data) or children’s data, unless the Agreement provides for this and specifies the required safeguards.

§ 16. Fees and payments

1. The fees and the method and deadlines of payment are specified in the Agreement. If the Agreement does not specify them, ALM issues an invoice with a 14-day payment term: for the Project after its acceptance, and for Hosting and Maintenance in advance, for the billing periods specified in the Agreement.
2. In the event of late payment, ALM may claim statutory interest for delay and, where the Agreement is a commercial transaction, statutory interest for delay in commercial transactions and compensation for debt recovery costs, in accordance with the Act of 8 March 2013 on Counteracting Excessive Delays in Commercial Transactions.
3. ALM may change the price of Hosting or Maintenance for good reasons, in particular as a result of a change in the prices or terms of Third-Party Providers, in costs, taxes or legislation, or in the scope of the Services. ALM notifies the Client in documentary form at least 30 days before the change. The Client may terminate the Agreement with effect on the day preceding the entry into force of the change; until that day the existing price applies.
4. Fees for Hosting and Maintenance paid for a billing period are not refundable for any unused part of that period, unless the Agreement is terminated for reasons attributable to ALM or a provision of law provides otherwise.

§ 17. Copyright

1. Upon payment of the full fee for the Project, ALM grants the Client a non-exclusive licence to use the Website, without territorial restrictions and for an indefinite period, in the following fields of exploitation:
   1. fixing and reproducing the Website, including its code, in the memory of computers and servers, to the extent necessary for its publication and use;
   2. making the Website available to the public on the internet in such a way that anyone may access it from a place and at a time of their own choosing;
   3. making changes to the content of the Website and creating and distributing adaptations of it, including by other entities acting on the Client’s instructions;
   4. using screenshots and graphic elements of the Website in materials promoting the Client’s business.
2. The licence includes the right to authorise the exercise of derivative copyright in the Website to the extent specified in paragraph 1(3). ALM will not terminate the licence unless the Client grossly breaches its terms and fails to remedy the breach within 30 days of being called upon to do so.
3. The licence does not cover elements to which the rights belong to Third-Party Providers and other entities (e.g. photographs from stock photo libraries, fonts, open-source libraries). Their use is subject to their licences, of which ALM informs the Client. ALM retains the rights to its tools, templates and reusable solutions; the Client may use them as part of the Website.
4. At the Client’s request, ALM transfers to the Client the author’s economic rights to the elements of the Website created by ALM exclusively for the Client. The transfer requires a separate agreement concluded in written form or with a qualified electronic signature (Article 53 of the Act on Copyright and Related Rights) and takes place upon payment of the full fee for the Project and for the transfer of rights, unless that agreement provides otherwise.
5. Until the full fee has been paid, the Client may use the Website only for the purpose of its acceptance and to the extent that the Website has already been published with ALM’s consent.
6. ALM may show the Website in its portfolio (the Client’s name, the Website’s address, screenshots and a short description) and place in the Website’s footer an unobtrusive credit “Realizacja: ALM Host” (on pages in other languages its equivalent, e.g. “Website by ALM Host”) with a link to almhost.pl, unless the Agreement provides otherwise. The Client may at any time, in documentary form, object to the Website being shown in the portfolio.

§ 18. Personal data

1. In providing Hosting and Maintenance, ALM processes the personal data of the Website’s users on behalf of the Client as a processor. The rules are set out in the Data Processing Agreement, which is an annex to the Terms and forms part of every Agreement that covers Hosting or Maintenance.
2. ALM processes the data of persons representing the Client and of designated contact persons as a controller, on the terms described in the GDPR Notice.

§ 19. Suspension of the Services

1. ALM may suspend the provision of the Services in whole or in part, in particular by taking the Website or part of it offline, if:
   1. the Client is more than 14 days late with payment, despite a demand for payment in documentary form setting an additional period of at least 7 days;
   2. ALM obtains reliable information that the Website contains illegal content or content in breach of § 15(5), including on the basis of a notice (Part IV);
   3. this is necessary to eliminate a threat to the security of the Website, the infrastructure, the Websites of other Clients or third parties;
   4. this is required by a court ruling, a decision of an authority or a provision of law;
   5. this is required by a Third-Party Provider under its terms and ALM cannot prevent it.
2. ALM limits the scope and duration of the suspension to the necessary minimum. ALM restores the Services without delay once the reason has ceased to exist.
3. ALM informs the Client, with a statement of reasons, of a suspension for the reasons listed in paragraph 1(2)–(5), in the manner described in § 31, unless this is not permitted by a provision of law or an order of an authority. In urgent cases based on paragraph 1(3)–(5), ALM informs the Client without delay after the suspension; in the case of paragraph 1(2), § 29(7) applies.
4. A suspension for reasons attributable to the Client does not release the Client from the obligation to pay the fees.

§ 20. ALM’s liability

1. ALM is liable for non-performance or improper performance of the Agreement in accordance with the Polish Civil Code, subject to the limitations set out in this section.
2. ALM is not liable for damage resulting from:
   1. Client Content, including its non-compliance with the law, the rights of others or the terms and conditions of Third-Party Providers;
   2. acts or omissions of the Client, persons acting on the Client’s behalf and persons to whom the Client has given access to the Website or accounts;
   3. acts of other ALM clients and of third parties, including attacks on the infrastructure, unless ALM failed to exercise due care in securing the Website;
   4. failures, interruptions, restrictions, changes in the terms, prices or functions of the services of Third-Party Providers and the discontinuation of their services, including decisions of operators of search engines, browsers, blocklists, domain registries and e-mail providers, also concerning the shared almhost.pl domain, where ALM has not contributed to them through faulty configuration or another breach of the Agreement; in such a case, ALM acts without delay to restore the operation of the Website or to remove the cause;
   5. failures of the internet, power grids and equipment for which ALM is not responsible;
   6. suspension of the Services in accordance with § 19 or lawful compliance with an order of a court or authority;
   7. carrying out an express instruction from the Client, where ALM warned the Client of its consequences.
3. ALM does not guarantee the Website’s position in search results, its indexing, traffic, number of enquiries, sales or any other business results.
4. To the extent permitted by law:
   1. ALM is liable only for the Client’s actual damage (losses incurred) and is not liable for lost profits, including lost revenue, customers and orders (Article 361 § 2 of the Civil Code). Nor is ALM liable for the loss of data stored outside the Hosting infrastructure or for a decline in search engine rankings or reputation;
   2. ALM’s total liability to the Client on all grounds related to the Agreement, including non-performance or improper performance of an obligation, the statutory warranty for defects and tort, is limited to the amount of the net fees paid by the Client under the Agreement in the 12 months preceding the event giving rise to the damage, and in the case of the Project, to the net fee for the Project;
   3. ALM is liable for Third-Party Providers only to the extent of selecting them with due care and of its own configuration of their services; ALM’s liability for their acts and omissions as for its own (Article 474 of the Civil Code) is excluded. ALM is liable for persons who work with ALM in performing the Services (subcontractors) as for its own acts.
5. The limitations in paragraphs 2–4 do not apply to damage caused intentionally or through gross negligence, to personal injury or to any other liability that cannot be excluded or limited under the law. Nor do the limitations apply to ALM’s liability to data subjects under Article 82 GDPR.
6. The Client notifies ALM of any damage without delay and takes reasonable steps to prevent or mitigate it.

§ 21. Third-party claims

1. If a third party, including an authority, brings a claim or demand against ALM arising from Client Content, from the operation of the Website in accordance with the Client’s instructions or from a breach of the law or the Agreement by the Client, the Client undertakes to release ALM from its obligation to perform towards that party (Article 392 of the Civil Code) and to cover ALM’s reasonable defence costs, including the costs of legal representation, and the amounts awarded by a final and binding judgment or paid under a settlement concluded with the Client’s consent.
2. ALM notifies the Client of the claim without delay, enables the Client to take part in the defence, including by way of a third-party notice (Article 84 of the Code of Civil Procedure), and does not conclude a settlement without the Client’s consent, which the Client may not unreasonably withhold.
3. Paragraph 1 does not apply to claims arising from a breach of the Agreement by ALM or from content that ALM published without the Client’s approval.

§ 22. Force majeure

1. Neither party is liable for non-performance or improper performance of the Agreement due to force majeure, that is, an external event that could not be foreseen or prevented, in particular: war, acts of terrorism, natural disasters, epidemics, widespread failures of power or telecommunications networks, acts of public authority, and cyber-attacks on a scale exceeding the capabilities of security measures applied with due care.
2. A party affected by force majeure notifies the other party of it without delay. If the force majeure lasts longer than 30 days, either party may terminate the Agreement with immediate effect.

§ 23. Term and termination of the Agreement

1. The Agreement, insofar as it concerns the Project, expires upon acceptance of the Project and payment of the fee, without prejudice to provisions which by their nature continue to apply for longer (in particular § 17).
2. The Agreement, insofar as it concerns Hosting and Maintenance, is concluded for an indefinite period, unless the Agreement provides otherwise. Either party may terminate it by giving one month’s notice, with effect at the end of the calendar month following the month in which notice was given.
3. Either party may terminate the Agreement with immediate effect if the other party is in gross breach of the Agreement and fails to remedy the breach within 14 days of a demand made in documentary form. ALM may also terminate the Agreement with immediate effect if the Client is more than 30 days late with payment or again places on the Website content referred to in § 15(5).
4. Notice of termination must be given in documentary form.

§ 24. Transfer of the Website and end of Hosting

1. The Client may at any time transfer the Website to another provider or to its own infrastructure. The notice period needed to start the transfer does not exceed two months (§ 23(2)).
2. At the Client’s request, made before the end of the notice period or within the data retrieval period under paragraph 3, ALM:
   1. hands over to the Client the source code of the Website from the repository together with the Website’s content and files, in the formats in which they are stored, and information about the configuration needed to run it;
   2. cooperates in the transfer of the domain, including by providing the authorisation code and DNS settings.
3. If the Client requests the transfer before the end of the notice period, ALM, for a transitional period lasting until the transfer is completed but no longer than 30 days from the end of the notice period, keeps the Website running on the existing terms and gives the Client reasonable assistance with the transfer; during that period the Agreement remains in force. After the Agreement ends or, where there was a transitional period, after that period ends, the Client may for a further 30 days request the handover of the Website’s data and content (the data retrieval period).
4. The handover covers all data and content of the Website that can be exported, except for ALM’s tools and reusable solutions that are not part of the Website, access credentials for ALM’s accounts and Third-Party Provider accounts, and ALM’s trade secrets. The licence under § 17 covers the use of the code handed over.
5. ALM does not charge for transferring the Website. ALM may carry out work beyond paragraphs 2 and 3, e.g. adapting the Website to the new provider’s infrastructure, for a fee agreed with the Client.
6. After the data retrieval period has expired, ALM removes the Website from the Hosting infrastructure and deletes the personal data processed on behalf of the Client, in accordance with the Data Processing Agreement. ALM may retain an archive copy of the Website’s code for evidential purposes, unless the Client requests its deletion and neither the law nor the need to establish, pursue or defend claims precludes this.
7. Insofar as Hosting is a data processing service within the meaning of Regulation (EU) 2023/2854 of the European Parliament and of the Council (the Data Act), paragraphs 1–6 constitute the provisions required by its Article 25. Each Website is created and configured individually for the Client; therefore, in accordance with Article 31(1) and (3) of that Regulation, Article 23(d), Article 29 and Article 30(1) and (3) do not apply to it.

§ 25. Clients with Consumer Rights

1. In relation to a Client with Consumer Rights:
   1. the provisions of the Terms apply to the extent that they are not contrary to the provisions that protect that Client as a consumer (in particular Articles 385¹–385³ and Articles 556⁴–556⁵ of the Civil Code and Chapters 4, 5a and 5b of the Consumer Rights Act);
   2. § 12(5) (exclusion of the statutory warranty for defects), § 20(2)(4) and § 20(4) (exclusion of liability for Third-Party Providers, exclusion of lost profits and the cap on liability), § 28(2) (transfer of the Agreement) and § 30(3) (choice of court) do not apply; ALM is liable to that Client in accordance with the general rules;
   3. rights in respect of non-conformity of the Website or the Hosting with the Agreement arise under the provisions of the Consumer Rights Act or the Polish Civil Code, depending on the type of Service.
2. A Client with Consumer Rights who has concluded the Agreement at a distance (e.g. by e-mail) or off ALM’s business premises may withdraw from it without giving reasons within 14 days of the day on which it was concluded. It is sufficient to send a statement of withdrawal before that period expires, e.g. by e-mail to biuro@almhost.pl or in writing to ALM’s address. The model withdrawal form set out in Annex 2 to the Consumer Rights Act may be used, but this is not mandatory. ALM acknowledges receipt of the statement without delay.
3. ALM begins providing the Services before the withdrawal period expires only at the express request of the Client with Consumer Rights, made in documentary form. If the Client withdraws from the Agreement after making such a request, the Client pays for the Services provided up to the time of withdrawal, in proportion to their scope (Article 35 of the Consumer Rights Act).
4. The right of withdrawal does not apply if ALM has fully performed the Service with the express prior consent of the Client with Consumer Rights, who was informed before performance began that they would lose the right of withdrawal once the Service had been performed, and acknowledged this (Article 38(1)(1) of the Consumer Rights Act).
5. ALM refunds the payments received from the Client, less the amount due under paragraph 3, without delay and no later than 14 days after receiving the statement of withdrawal, using the same means of payment, unless the Client agrees to another.

§ 26. Complaints about the Services

1. The Client submits complaints about the Services by e-mail to biuro@almhost.pl or in writing to ALM’s address. A complaint should describe the problem, identify the Website and the date on which the problem occurred and, where possible, include screenshots or other information helpful in establishing it.
2. ALM considers the complaint within 14 days of receiving it and replies in documentary form.

§ 27. Confidentiality

The parties keep confidential any information about the other party that is not publicly available and that they have obtained in connection with the Agreement, in particular access credentials and commercial and technical information. This obligation does not apply to information whose disclosure is required by law, or to disclosure to advisers and subcontractors bound by confidentiality. The obligation also continues for 3 years after termination of the Agreement.

§ 28. Subcontractors and transfer of the Agreement

1. ALM may entrust the performance of part of the Services to subcontractors, including Polish Developer Network sp. z o.o., with its registered office in Tarnów, while remaining liable to the Client in accordance with § 20.
2. ALM may transfer its rights and obligations under the Agreement to Polish Developer Network sp. z o.o. or to an acquirer of ALM’s enterprise or of an organised part of it, to which the Client hereby consents. ALM notifies the Client of the transfer in documentary form at least 30 days in advance; during that time the Client may terminate the Agreement with effect on the date of the transfer. Paragraph 2 does not apply to Clients with Consumer Rights, in relation to whom the transfer requires their consent given after the notification.

Part IV. Notices of illegal content and moderation rules

§ 29. Notices and decisions

1. This part implements ALM’s obligations as a provider of a hosting service under Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services (the Digital Services Act).
2. The point of contact for Member States’ authorities, the European Commission and the European Board for Digital Services (Article 11) and for recipients of the service (Article 12) is abuse@almhost.pl; matters not concerning content may also be sent to biuro@almhost.pl. Contact is possible in Polish and English. Replies are given by people, not by automated systems.
3. Anyone may report content on a website maintained by ALM that they consider to be illegal by sending a notice to abuse@almhost.pl. The notice should contain:
   1. a sufficiently substantiated explanation of why the content is illegal;
   2. the exact internet address (URL) of the content and, where necessary, additional information enabling it to be located;
   3. the full name and e-mail address of the notifier, unless the notice concerns offences referred to in Articles 3–7 of Directive 2011/93/EU (sexual exploitation of children);
   4. a statement that the notifier believes in good faith that the information and allegations contained in the notice are accurate and complete.
4. ALM acknowledges receipt of the notice without delay, processes it in a timely, diligent, objective and non-arbitrary manner, and then informs the notifier of its decision and of the possibility of challenging it. ALM does not use automated means in doing so.
5. ALM does not carry out general monitoring of the content of the Websites. However, it may on its own initiative check whether a Website contains content referred to in § 15(5).
6. If content is illegal or breaches § 15(5), ALM may, in proportion to the seriousness of the breach: call on the Client to remove it, disable access to that content, suspend the Website in whole or in part (§ 19) or terminate the Agreement (§ 23(3)).
7. ALM informs the Client of each such restriction no later than at the time it is imposed, stating: the type, scope and duration of the restriction, the facts and circumstances on which the decision was based, whether the decision was taken in response to a notice, the legal ground or the provision of the Terms relied on, and the possibilities of appeal (Article 17 of the Digital Services Act). This does not apply where ALM is complying with an order of an authority prohibiting such information from being given.
8. The Client and the notifier may appeal against ALM’s decision within 6 months by sending a message to abuse@almhost.pl. ALM reconsiders the matter and replies with a statement of reasons. Independently of this, they may pursue their rights in court or lodge a complaint with the President of the Office of Electronic Communications (Prezes UKE), the Digital Services Coordinator.
9. If ALM becomes aware of content indicating a criminal offence that threatens the life or safety of persons, it informs the law enforcement authorities without delay (Article 18 of the Digital Services Act).
10. ALM complies with orders of courts and authorities concerning illegal content and the provision of information (Articles 9 and 10 of the Digital Services Act) and informs the Client of them, unless the order prohibits this.

Part V. Final provisions

§ 30. Governing law and disputes

1. The Terms and the Agreements are governed by Polish law.
2. The parties will first seek to resolve any dispute amicably.
3. If the Agreement was concluded in written form, disputes arising from it are resolved by the court competent for the address at which ALM carries on its business. In other cases, disputes are resolved by the court competent under the general rules.

§ 31. Communication

The parties give notices and statements relating to the Agreement in documentary form, to the e-mail addresses specified in the Agreement or in § 1, unless the Terms or the law require a different form. Each party informs the other of any change of its address.

§ 32. Changes to the Terms

1. ALM may change the Terms for good reasons, in particular as a result of changes in legislation, court rulings or decisions of authorities, a change in the terms of Third-Party Providers, a change in the scope or manner of providing the Services, or the need to improve security or remove ambiguities.
2. For Users, changes to Parts I, II and V apply from the time they are published on the Sites and do not affect acquired rights.
3. ALM notifies Clients of changes to Parts I, III, IV and V and to the Annex in documentary form, sending the new text of the Terms at least 30 days before the changes take effect. A Client who does not accept the changes may terminate the Agreement with effect on the day preceding the date on which the changes take effect. If the Client does not do so, the changes are binding on the Client from the date on which they take effect (Article 384¹ of the Civil Code).
4. Agreements concluded before a change remain subject to the Terms in their previous wording until the changes become binding on the Client in accordance with paragraph 3.

§ 33. Final provisions

1. If any provision of the Terms proves to be invalid or ineffective, the remaining provisions remain in force. In place of such a provision, the provisions of law apply. This does not apply to Clients with Consumer Rights, in relation to whom prohibited contractual provisions are not binding and are not replaced by any other provisions.
2. The Terms are available free of charge on almhost.pl and makowej.pro in a form that allows them to be downloaded, saved and printed.

Annex. Data Processing Agreement

§ 1. Parties and subject matter

1. The Data Processing Agreement forms part of every Agreement that covers Hosting or Maintenance. It is concluded between the Client as controller (the “Controller”) and ALM as processor (the “Processor”), in accordance with Article 28(3) GDPR. Capitalised terms have the meanings given to them in the Terms.
2. The Controller entrusts the Processor with the processing of personal data to the extent and for the purpose necessary to provide Hosting and Maintenance, for the term of the Agreement and, after its termination, until the data is returned or deleted in accordance with § 9.

§ 2. Scope of processing

§ 3. Obligations of the Processor

The Processor:

1. processes the data only on documented instructions from the Controller; the instructions consist of the Agreement, including this Data Processing Agreement, and instructions given in documentary form; this also applies to transfers of data to a third country (§ 5), unless the Processor is required to process the data by Union law or Polish law; in such a case, the Processor informs the Controller of that legal requirement before processing, unless the law prohibits providing such information;
2. informs the Controller without delay if, in its opinion, an instruction infringes the GDPR or other data protection provisions;
3. ensures that persons authorised to process the data have committed themselves to confidentiality or are under a statutory obligation of confidentiality;
4. applies the security measures required by Article 32 GDPR, as described in § 10;
5. complies with the conditions for engaging sub-processors (§ 4);
6. taking into account the nature of the processing, assists the Controller by appropriate technical and organisational measures, insofar as this is possible, in fulfilling its obligation to respond to requests from data subjects exercising their rights (Articles 12–22 GDPR), and forwards to the Controller without delay any requests addressed directly to the Processor;
7. taking into account the nature of the processing and the information available to it, assists the Controller in fulfilling the obligations under Articles 32–36 GDPR (security, breach notification, impact assessment, prior consultation);
8. after the end of the provision of the Services, deletes or returns the data in accordance with § 9;
9. makes available to the Controller the information necessary to demonstrate compliance with the obligations under Article 28 GDPR and allows for audits in accordance with § 7.

§ 4. Sub-processors

1. The Controller gives the Processor general authorisation to engage sub-processors. On the date on which the Terms take effect, they are:

   Entity	Scope	Location
   Cloudflare, Inc., San Francisco, USA	hosting of the Website, content delivery network, DNS, forwarding of form e-mails, protection against spam and bots (Turnstile), rate limiting, technical logs	Cloudflare’s global network, including the EU and the USA
   GitHub, Inc., San Francisco, USA	repository of the Website’s code and content (without form data)	USA
   Polish Developer Network sp. z o.o., Tarnów	support in performing the Services, including providing tools for managing repositories	Poland

2. The Processor informs the Controller in documentary form of any intended addition or replacement of a sub-processor at least 14 days in advance. The Controller may raise a reasoned objection within that period. If the parties do not reach agreement, either of them may terminate the Agreement insofar as it concerns Hosting and Maintenance, with effect on the date on which the change is made. If a Third-Party Provider forces the change at shorter notice, the Processor informs the Controller without delay.

3. The Processor imposes on sub-processors the same data protection obligations as those set out in this Data Processing Agreement, in particular the obligation to provide sufficient guarantees to implement appropriate technical and organisational measures. In the case of providers of services offered on standard terms (Cloudflare, GitHub), these obligations arise from their data processing agreements, which the Processor has concluded.

4. Where a sub-processor fails to fulfil its data protection obligations, the Processor remains fully liable to the Controller for the performance of those obligations (Article 28(4) GDPR).

§ 5. Transfers of data to third countries

The Controller consents to the transfer of data to the United States within the scope of the services of the sub-processors listed in § 4. Transfers take place on the basis of Commission Implementing Decision (EU) 2023/1795 (EU-U.S. Data Privacy Framework) in respect of entities participating in that programme and, additionally, on the basis of the standard contractual clauses adopted by Commission Implementing Decision (EU) 2021/914.

§ 6. Data breaches

1. The Processor notifies the Controller of a detected personal data breach without undue delay, and no later than 48 hours after detecting it.
2. The notification contains, insofar as available, the information required by Article 33(3) GDPR: the nature of the breach, the categories and approximate number of persons and records, the possible consequences and the measures taken or proposed. Where information cannot be provided at once, the Processor provides it in phases.
3. The Processor documents breaches and cooperates with the Controller in investigating them and remedying their effects.

§ 7. Audits

1. The Controller may verify whether the Processor complies with this Data Processing Agreement, primarily by means of written questions and documents. The Processor replies within 14 days.
2. An on-site audit is possible where the replies are insufficient or a breach has occurred, no more than once a year, with at least 14 days’ prior notice, on Business Days and in a manner that does not disrupt the Processor’s business. The auditor is bound by confidentiality. The costs of the audit are borne by the Controller.
3. The Processor is not required to disclose information about other clients, trade secrets or information whose disclosure would compromise security, to the extent that it is not necessary to demonstrate compliance.

§ 8. Assistance and costs

The Processor provides the assistance described in § 3(6) and (7) within the fees under the Agreement if its scope is typical of the Services. For assistance that requires considerable work and arises from causes for which the Processor is not responsible, the Processor may claim reimbursement of reasonable costs, after informing the Controller of their amount in advance.

§ 9. End of processing

1. The Processor does not store the content of form messages: it forwards them to the Controller by e-mail. Technical security log entries (without form content or contact details, with a truncated IP address) are deleted automatically after no more than 7 days. Cloudflare keeps a record of the forwarding of each message (sender and recipient address and subject, without content) for about 30 days; the subject contains no form data.
2. After Hosting and Maintenance end, upon expiry of the periods under § 24 of the Terms, the Processor removes the Website from the Hosting infrastructure and deletes the personal data processed on behalf of the Controller, including copies, unless Union law or Polish law requires their storage. Before deletion, the Processor returns the data to the Controller, at the Controller’s request, in the manner described in § 24 of the Terms.
3. Data published on the Website may remain in the history of the code repository, which the Processor archives for evidential purposes; the Processor does not process that data for any other purpose and deletes it at the Controller’s request, unless it is needed to establish, pursue or defend claims.

§ 10. Security measures

The Processor applies, in particular, the following measures:

1. encryption of connections (HTTPS, TLS) and security headers, including a Content Security Policy;
2. protection of forms: Cloudflare Turnstile verification, rate limiting, honeypot fields, checking the origin of requests and field length limits;
3. not storing form content on the Hosting infrastructure, and technical logs kept to a minimum: without form content or contact details, with a truncated IP address and without full browser identification, retained for no longer than 7 days, and neutral subjects of form messages, without form data;
4. separate deployment and configuration of each Website;
5. access to the administrative accounts with Third-Party Providers and to repositories for authorised persons only, on the principle of least privilege;
6. a code change history and the ability to quickly restore a previous version of the Website;
7. a procedure for handling incidents and data breaches.

§ 11. Liability

1. The Processor is liable to the Controller in accordance with § 20 of the Terms, including the limitations provided for there, subject to § 4(4) of this Data Processing Agreement.
2. The provisions of this Data Processing Agreement do not limit the rights of data subjects, including their claims under Article 82 GDPR.

§ 12. Final provisions

1. The Data Processing Agreement remains in force for as long as the Processor processes data on behalf of the Controller.
2. Changes to this Data Processing Agreement require notification to the Controller in the manner described in § 32(3) of the Terms; the Controller may, within the period specified there, object and terminate the Agreement.
3. Matters not regulated here are governed by the GDPR and the Polish Civil Code.