Terms of Service

Last Updated: 15 October 2023

Please read these Terms of Service ("Terms", "ToS") carefully before using the website nowakdevs.live (the "Service") operated by NowakDevs ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service. This agreement is governed by the laws of England and Wales.

Section 1: Definitions and Interpretation

1.1. In these Terms, unless the context otherwise requires, the following words and expressions shall have the following meanings:

"Service" means the website nowakdevs.live and all associated services, including but not limited to any software, content, or functionality offered through the platform.
"User" means any individual or entity that accesses or uses the Service.
"Content" means any text, graphics, images, audio, video, data, software, or other information or materials available on or through the Service.
"Personal Data" has the meaning given to it in the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
"We", "Us", "Our" refers to NowakDevs.

1.2. The headings in these Terms are for convenience only and shall not affect their interpretation.

1.3. Words importing the singular shall include the plural and vice versa, and words importing gender shall include all genders.

Section 2: Acceptance of Terms

2.1. By creating an account, using the Service, or otherwise indicating your acceptance, you agree to be bound by these Terms and any additional terms and conditions that may apply to specific services or features.

2.2. If you are using the Service on behalf of a legal entity (e.g., a company, partnership, or other organisation), you represent and warrant that you have the authority to bind that entity to these Terms.

2.3. We reserve the right to update or modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after any changes constitutes acceptance of the new Terms. If you do not agree to the changes, you must stop using the Service immediately.

Section 3: Eligibility and Account Registration

3.1. You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years of age.

3.2. To access certain features of the Service, you may be required to create an account. When registering, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to protect your account credentials.

Section 4: Use of the Service

4.1. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for lawful purposes only.

4.2. You agree not to:

(a) Use the Service for any unlawful purpose or in violation of any applicable local, national, or international law or regulation;
(b) Attempt to interfere with, disrupt, or damage the Service, including by introducing viruses, trojans, worms, or other malicious code;
(c) Access or attempt to access any part of the Service that you are not authorised to access;
(d) Use any automated means (e.g., bots, scrapers, or spiders) to access or collect data from the Service without our prior written consent;
(e) Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service for commercial purposes without our express permission;
(f) Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
(g) Engage in any activity that infringes or violates the rights of any third party, including intellectual property rights.

4.3. We reserve the right, at our sole discretion, to suspend or terminate your access to the Service if you violate these Terms, without prior notice or liability.

Section 5: Intellectual Property Rights

5.1. The Service and its original content, features, and functionality are owned by NowakDevs and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights not expressly granted to you are reserved.

5.2. You may not use the name "NowakDevs", any related logos, or any other trademarks without our prior written consent, except for the limited purpose of identifying us as the provider of the Service.

5.3. If you submit any feedback, suggestions, or ideas regarding the Service, you agree that we may use such information without any obligation to you, and you waive any rights you may have in such submissions.

Section 6: User Content

6.1. The Service may allow you to post, upload, share, or otherwise make available content, including but not limited to text, images, and files ("User Content"). You retain all rights to your User Content, but you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to host, store, use, reproduce, modify, adapt, publish, and distribute such User Content solely for the purpose of providing, improving, and promoting the Service.

6.2. You represent and warrant that:

(a) You own or have the necessary licences, rights, consents, and permissions to publish your User Content;
(b) Your User Content does not infringe the intellectual property or privacy rights of any third party;
(c) Your User Content complies with all applicable laws and regulations.

6.3. We reserve the right, but not the obligation, to monitor, review, and remove User Content that we believe, in our sole discretion, violates these Terms or is otherwise objectionable. However, we are not responsible for any User Content posted by users.

Section 7: Privacy and Data Protection (GDPR Compliance)

7.1. We are committed to protecting your privacy and Personal Data in compliance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018). This section explains how we collect, use, and safeguard your Personal Data when you use the Service.

7.2. Data Controller: For the purposes of data protection law, the data controller is NowakDevs, with its registered address as provided on the Service. If you have any questions about this section, please contact us at the details below.

7.3. Information We Collect: We may collect the following types of Personal Data:

(a) Identity Data: Name, username, or similar identifier;
(b) Contact Data: Email address, billing address, or phone number;
(c) Technical Data: IP address, browser type and version, time zone setting, browser plug-in types, operating system, and platform;
(d) Usage Data: Information about how you use our Service, including pages viewed, search queries, and clickstream data;
(e) Marketing and Communications Data: Your preferences in receiving marketing from us and your communication preferences.

7.4. Legal Basis for Processing: We will only process your Personal Data when we have a lawful basis to do so. The most common bases are:

(a) Consent: Where you have given clear consent for us to process your Personal Data for a specific purpose (e.g., marketing emails);
(b) Contractual Necessity: Where processing is necessary for the performance of a contract with you (e.g., providing the Service);
(c) Legal Obligation: Where we must comply with a legal or regulatory obligation;
(d) Legitimate Interests: Where processing is necessary for our legitimate interests (or those of a third party), provided your rights do not override those interests.

7.5. How We Use Your Personal Data: We use your Personal Data for the following purposes:

(a) To provide, maintain, and improve the Service;
(b) To process your account registration and manage your account;
(c) To send you administrative information, including updates to our Terms or policies;
(d) To respond to your inquiries, requests, or complaints;
(e) To send you marketing communications where you have consented or where we have a legitimate interest;
(f) To comply with legal obligations, including preventing fraud.

7.6. Data Retention: We will retain your Personal Data only for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the data, the potential risk of harm from unauthorised use or disclosure, and applicable legal requirements.

7.7. Your Rights Under UK GDPR: As a data subject, you have the following rights under UK GDPR:

Right to be informed: You have the right to be provided with clear, transparent, and easily understandable information about how we use your Personal Data (as provided in this policy);
Right of access: You have the right to request a copy of the Personal Data we hold about you;
Right to rectification: You have the right to request that we correct any inaccurate or incomplete Personal Data;
Right to erasure: You have the right to request that we delete your Personal Data (subject to certain exceptions);
Right to restrict processing: You have the right to request that we limit the processing of your Personal Data in certain circumstances;
Right to data portability: You have the right to request that we transfer your Personal Data to another organisation, in a structured, commonly used, and machine-readable format;
Right to object: You have the right to object to the processing of your Personal Data for direct marketing purposes or where processing is based on legitimate interests.

To exercise any of these rights, please contact us using the details in Section 17. We will respond to your request within one month, unless the request is complex or excessive, in which case we may extend this period by up to two months.

7.8. Data Security: We implement appropriate technical and organisational measures to protect your Personal Data against unauthorised access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.

7.9. International Transfers: Your Personal Data may be transferred to, and processed in, countries outside the UK. Where such transfers occur, we ensure that appropriate safeguards are in place, such as standard contractual clauses approved by the UK Information Commissioner's Office (ICO), to protect your data.

7.10. Cookies: Our Service uses cookies and similar tracking technologies to enhance your experience. For more information, please see our Cookie Policy, which is incorporated into these Terms by reference.

Section 8: Third-Party Links and Services

8.1. The Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

8.2. You acknowledge and agree that we shall not be liable for any damage or loss caused by or in connection with the use of any such third-party services. We encourage you to read the terms and privacy policies of any third-party services you use.

Section 9: Payment Terms (if applicable)

9.1. Certain features of the Service may be offered for a fee. If you elect to purchase any paid services, you agree to pay all fees associated with such purchase, including any applicable taxes.

9.2. All fees are non-refundable unless otherwise stated in a separate agreement or as required by law. We reserve the right to change our fees at any time, with notice to you.

9.3. You agree to provide accurate and complete billing information, including a valid payment method. We use third-party payment processors to handle payments, and your payment information will be subject to their terms and privacy policies.

Section 10: Termination

10.1. We may terminate or suspend your account or access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

10.2. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

10.3. All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Section 11: Disclaimer of Warranties

11.1. The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of dealing.

11.2. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. We make no representation or warranty regarding the accuracy, reliability, or completeness of any content or information available through the Service.

11.3. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly stated in these Terms.

Section 12: Limitation of Liability

12.1. To the maximum extent permitted by applicable law (including the Consumer Rights Act 2015 for consumers), in no event shall NowakDevs, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from:

(a) Your use or inability to use the Service;
(b) Any conduct or content of any third party on the Service;
(c) Unauthorised access, use, or alteration of your transmissions or content;
(d) Any other matter relating to the Service.

12.2. Our total liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you have paid us in the twelve (12) months preceding the event giving rise to the liability, or £100, whichever is higher.

12.3. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

Section 13: Indemnification

13.1. You agree to indemnify, defend, and hold harmless NowakDevs and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

(a) Your use of the Service in violation of these Terms;
(b) Your User Content;
(c) Your violation of any applicable law or regulation;
(d) Your infringement of any third-party rights, including intellectual property or privacy rights.

Section 14: Governing Law and Dispute Resolution

14.1. These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

14.2. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through the following process:

(a) Informal Resolution: Before initiating any formal proceedings, you agree to first contact us (using the details in Section 17) to attempt to resolve the dispute informally. Both parties shall negotiate in good faith for a period of 30 days.
(b) Binding Arbitration: If the dispute cannot be resolved informally, it shall be finally resolved by binding arbitration administered by the London Court of International Arbitration (LCIA) under its rules, which are deemed incorporated by reference. The number of arbitrators shall be one, and the seat of arbitration shall be London, England. The language of the arbitration shall be English.
(c) Exceptions: Either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent or stop a breach of these Terms, including intellectual property infringement.

14.3. For consumers, nothing in this section shall affect your statutory rights to bring proceedings in the courts of England and Wales, or, if you are a resident of Northern Ireland, the courts of Northern Ireland, or, if you are a resident of Scotland, the courts of Scotland.

Section 15: Waiver and Severability

15.1. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.2. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitration tribunal of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the extent necessary to make it valid and enforceable while preserving the parties' intent.

Section 16: Entire Agreement

16.1. These Terms, together with any other documents expressly incorporated by reference, constitute the entire agreement between you and NowakDevs regarding the use of the Service, and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

16.2. You acknowledge that in entering into these Terms, you have not relied on any representations, warranties, or statements other than those expressly set out in these Terms.

Section 17: Contact Information

17.1. If you have any questions, concerns, or complaints regarding these Terms, the Service, or our data protection practices, please contact us at:

Email: legal@nowakdevs.live
Postal Address: NowakDevs, [Insert Physical Address, e.g., 123 Example Street, London, EC1A 1BB, United Kingdom]
Data Protection Officer: dpo@nowakdevs.live

17.2. If you are not satisfied with our response to any data protection issue, you have the right to lodge a complaint with the UK Information Commissioner's Office (ICO) at www.ico.org.uk or by calling 0303 123 1113.

Section 18: Miscellaneous

18.1. These Terms may not be assigned by you without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction.

18.2. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Service.

18.3. Any notices required or permitted under these Terms shall be in writing and sent to the addresses set out in Section 17. Notices sent by email shall be deemed received on the next business day after sending.

18.4. These Terms are provided in English. Any translations are for convenience only, and the English version shall prevail in the event of any conflict.

By using the Service, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.