Newsletter Terms and Conditions

1. Definitions

Provider - Coditive sp. z o.o., with its registered office in Knurów (44-193), ul. Hugo Kołłątaja 1B/9, entered into the Register of Entrepreneurs maintained by the District Court in Gliwice, X Commercial Division of the National Court Register, under KRS number 0000907960, VAT No. PL9691643891.
Business Days - means each day of the week, excluding Saturdays and public holidays in the Republic of Poland.
Client - A Recipient or Subscriber.
Consumer - A natural person entering into a legal transaction with the Provider which is not directly related to their business or professional activity.
Platform - a website operated by the Provider, accessible under https://pragmate.dev/ with its subdomains and all associated websites linked to the Platform.
License - relates to non-exclusive, non-transferable license (with no right to sublicense).
Newsletter - Digital content, including commercial information concerning the ongoing activities of the Provider (including updates and promotions available on the Platform) as well as educational materials.
Non-conformity - Lack of conformity of the Digital Content with the Agreement for its delivery (criteria for determining conformity are set out in Article 43k sections 1–2 of the Polish Consumer Rights Act).
Recipient - A Consumer, Entrepreneur, or Entrepreneur with Consumer Rights who has entered into a Digital Product Delivery Agreement with the Provider or has taken steps to conclude such an Agreement.
Privacy Policy - A document containing information on the processing of Clients’ personal data by the Provider.
Entrepreneur - A natural person, legal person, or organizational unit without legal personality to which special regulations grant legal capacity, conducting business or professional activity in its own name.
Entrepreneur with Consumer Rights - A natural person conducting business or professional activity who enters into an agreement with the Provider directly related to their business, which is not of a professional nature for that person, especially considering the subject of their business activity.
Terms and Conditions - This Terms and Conditions document.
Terms of Services - The terms of services of the Provider described in the document available at https://coditive.com/terms-of-services/.
Subscriber - A Consumer, Entrepreneur, or Entrepreneur with Consumer Rights who has concluded or taken steps to conclude a Newsletter Delivery Agreement with the Provider.
Digital Product - Digital content, which may be delivered to the Client, particularly training courses, webinars, electronic books (e-books), or document templates.
Digital Content - Digital Product or Newsletter.
Newsletter Delivery Agreement - An agreement for the provision of digital content, under which the Provider agrees to deliver the Newsletter free of charge for an indefinite period and the Subscriber agrees to provide personal data.
Digital Product Delivery Agreement - An agreement for the provision of digital content within the meaning of the Consumer Rights Act, under which the Provider agrees to deliver the Digital Product, and the Recipient agrees either to enter into a Newsletter Delivery Agreement or to pay the price.
These Terms and Conditions refer to the following Polish legal acts applicable to the operation of the Platform:
- Consumer Rights Act - Act of May 30, 2014 (Journal of Laws 2014, item 827, as amended*
- Civil Code - Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
- GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016.
- Personal Data Protection Act - Act of May 10, 2018 (Journal of Laws 2018, item 1000, as amended).
- Electronic Services Act - Act of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended).
- Electronic Communications Law - Act of July 12, 2024 (Journal of Laws 2024, item 1221).
- Copyright and Related Rights Act - Act of February 4, 1994 (consolidated text: Journal of Laws 2022, item 2509).
In cases where a capitalized term used in this document is not defined herein, it shall bear the meaning assigned to it in the Terms of Services.

2. General Provisions

These Terms and Conditions are the terms referred to in Article 8 of the Act on the Provision of Electronic Services and define the conditions for delivering Digital Content via the Platform operated at pragmate.dev.
As part of its business activity, the Provider supplies Digital Products to Recipients and delivers the Newsletter to Subscribers.
Information about Digital Content available on the Platform, in particular descriptions, technical and functional parameters, constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
The Provider may be contacted using the following means:
1. Email - at the address: [email protected]
2. Postal mail - at the address: ul. Hugo Kołłątaja 1B/9, 44-193 Knurów
3. Telephone - at the number: +48 453 481 820

3. Rules of Using the Platform

The Client is obliged to use the Platform in accordance with:
1. the provisions of generally applicable law,
2. these Terms and Conditions and the Privacy Policy, as well as with principles of good conduct.
Before starting to use the Platform, the Client is always provided the opportunity to read these Terms and Conditions and the Privacy Policy.
The Provider exercises due diligence to ensure that the Digital Products available on the Platform comply with the legal state applicable at the time of their delivery. At the same time, the Client acknowledges that:
1. The fact that the Client has not started using the purchased and delivered Digital Product (in exchange for payment), despite having the opportunity to do so, does not entitle the Client to request a refund of the price from the Provider.
2. Digital Products may accidentally contain typographical errors and unintentional inaccuracies.
3. The Provider is not obliged to update Digital Products after their delivery to the Client.
4. The Provider is not obliged to inform the Recipient about any changes affecting the delivered Digital Product.
It is prohibited for the Client to post any unlawful content on the Platform.

The Newsletter Delivery Agreement is concluded for an indefinite period.
The Parties may conclude the Newsletter Delivery Agreement in two ways:
1. In the case of subscription to the Newsletter via the Platform website, i.e., in the place where the Newsletter Subscription Form is available, the Subscriber should enter the required data into the subscription form and read the information about the obligations they are undertaking by clicking the “Subscribe” button.
2. In the case of subscription while purchasing Products or Services in the Store, the Subscriber should check the checkbox next to the statement on expressing consent to receive the Newsletter, confirming they have read and accept the Terms and Conditions and the Privacy Policy.
In each of the steps mentioned above (points a and b), the Subscriber must confirm their consent to receive the Newsletter by clicking the confirmation link included in the email sent to them after subscription on the Platform. Confirmation of consent to receive the Newsletter is equivalent to the Subscriber concluding the Newsletter Delivery Agreement.
The Subscriber acknowledges that:
1. the Newsletter may or may not be updated (the Provider is not obligated to do so),
2. the frequency and timing of Newsletter delivery are not predetermined,
3. the Provider is not obliged to send Newsletters on any regular or specific schedule.
The Newsletter is delivered to the email address provided in the form completed by the Subscriber during Newsletter subscription.
The Subscriber may terminate the Newsletter Delivery Agreement at any time and without providing a reason, with immediate effect. Additionally, under Articles 27 et seq. of the Consumer Rights Act, a Subscriber who is a Consumer or an Entrepreneur with Consumer Rights may withdraw from the Newsletter Delivery Agreement without giving any reason within 14 (fourteen) days of its conclusion.
Withdrawal or termination of the Newsletter Delivery Agreement, regardless of the legal basis, requires the Subscriber to submit a relevant declaration to the Provider. This declaration may be submitted by:
1. Sending a statement of withdrawal or termination of the Newsletter Delivery Agreement to the Provider by email. This may be done using the form provided in Annex 2 of the Consumer Rights Act.
2. Clicking the unsubscribe link included in each Newsletter message.
The Provider shall cease delivering the Newsletter to the Subscriber immediately upon the execution of one of the actions mentioned in point 7 above.

5. Digital Product Delivery Agreement

The Recipient may obtain Digital Products available on the Platform in the following ways:
1. For payment - if no Newsletter Delivery Agreement is concluded, the Recipient always has the right to purchase a given Digital Product on the Platform.
2. Free of charge - provided that a Newsletter Delivery Agreement is concluded, and the specific Digital Product is offered as free of charge.
3. With a discount - in cases where a Digital Product normally available at regular price in the Store becomes free of charge or is offered at a promotional price (via a discount code), upon the Recipient subscribing to the Newsletter.
If the Recipient wishes to receive Digital Products free of charge, they must perform the actions specified in point 4.2 of these Terms and Conditions. This condition applies only to those Digital Products that are offered within the framework of the Newsletter.
Confirmation of consent to receive the Newsletter (by clicking the link in the email received after subscription) is equivalent to the Recipient concluding both the Newsletter Delivery Agreement and the Digital Product Delivery Agreement.
Termination or withdrawal from the Newsletter Delivery Agreement after the Digital Product has been delivered does not affect the validity and effectiveness of the Digital Product Delivery Agreement concluded pursuant to this section.
If the Recipient wishes to obtain a Digital Product for a fee, they may:
1. purchase it directly via the Platform (if the given Product is available), or
2. contact the Provider via email to individually agree on the terms of a paid Digital Product Delivery Agreement.
The Digital Product is delivered to the Recipient immediately after concluding the Digital Product Delivery Agreement. The Provider sends a link to the email address provided by the Recipient, enabling them to download the Digital Product and save it to their device. The Recipient is allowed a maximum of one (1) download per link.
If the Provider fails to deliver the Digital Product within the timeframe described in point 6 above, the Recipient may request delivery by emailing or otherwise contacting the Provider using the contact details provided in these Terms and Conditions. If the Provider fails to deliver the Digital Product promptly upon such request or within an additional period expressly agreed upon with the Recipient, the Recipient may withdraw from the Digital Product Delivery Agreement.
To withdraw from the Digital Product Delivery Agreement, the Recipient must submit a declaration of withdrawal to the Provider. This can be done via email or any other convenient means using the Provider’s contact information provided herein.
If the withdrawal concerns a paid Digital Product Delivery Agreement, the Provider is obliged to refund the price paid by the Recipient no later than 14 (fourteen) days from the date of receiving the withdrawal declaration. The refund shall be issued using the same method of payment used by the Recipient, unless they explicitly agree to a different method which does not incur any cost.
The provisions in points 7–9 above apply exclusively to Recipients who are Consumers or Entrepreneurs with Consumer Rights.

6. Complaints Regarding Digital Content

Digital Content delivered by the Provider to the Client must conform to the Delivery Agreement both:
1. at the time of delivery (for one-time or partial delivery), and
2. throughout the period of delivery (for continuous delivery).
The Provider is liable for any Non-conformity:
1. existing at the time of delivery and revealed within two (2) years - in the case of Digital Content delivered one-time or in parts;
2. revealed during the delivery period - in the case of continuous delivery.
In the event of a revealed Non-conformity, the Client may file a complaint requesting that the Digital Content be brought into conformity with the Delivery Agreement.
To be considered, the complaint must include:
1. the Client’s full name;
2. contact details necessary for responding (including email address);
3. a description of the revealed Non-conformity;
4. a request for bringing the Digital Content into conformity with the Agreement.
Complaints may be submitted by email or any other convenient means using the contact details specified in these Terms.
The Provider shall respond to the complaint by email within 14 (fourteen) days from receipt, stating whether:
1. the complaint is accepted and the expected date for resolving the issue,
2. conformity cannot be achieved due to excessive cost or technical impossibility,
3. the complaint is dismissed as unfounded.
If the complaint is accepted, the Provider shall bear the cost of restoring conformity and ensure it is done within a reasonable time and without significant inconvenience to the Client, taking into account the nature and purpose of the Digital Content.
Subject to paragraph 10 below, the Client may submit a statement on price reduction or withdrawal from the Agreement if:
1. restoring conformity is impossible or would incur excessive cost,
2. the Provider has failed to restore conformity within a reasonable time,
3. the Non-conformity persists despite prior attempts to resolve it,
4. the Non-conformity is so significant that it justifies immediate withdrawal,
5. the Provider clearly states, or circumstances indicate, that they will not resolve the issue within a reasonable time or without significant inconvenience.
The statement referred to above may be submitted by email or any other method convenient for the Client.
The right to price reduction or withdrawal from the Agreement does not apply if the Non-conformity concerns a Newsletter or a free-of-charge Digital Product.
The Provider is not entitled to demand payment for the period during which the Digital Content was non-conforming, even if the Client used it before withdrawal.
The reduced price must reflect the ratio between:
1. the value of the non-conforming Digital Content, and
2. the value of Digital Content conforming to the Agreement.
The Provider is required to refund the portion of the price corresponding to:
1. the part of the Digital Content that was non-conforming, and
2. the part that was not delivered due to withdrawal from the Agreement.
The Provider shall refund the amount due without undue delay, no later than 14 (fourteen) days after receiving the Client’s statement, using the same method of payment used by the Client (unless the Client agrees otherwise, without incurring additional costs).
The Client may not withdraw from the Agreement if the Non-conformity is minor.
In the case of withdrawal from the Newsletter Delivery Agreement, the Provider will cease delivering the Newsletter immediately upon receiving the withdrawal notice.
Upon withdrawal from the Digital Content Delivery Agreement, the Client is obliged to stop using the Digital Content and not share it with third parties (Article 34(1a) of the Consumer Rights Act).
This section applies only when both of the following conditions are met:
1. the Non-conformity concerns both a Digital Product and a Newsletter, and
2. the Client is a Consumer or an Entrepreneur with Consumer Rights.

7. Intellectual Property

All elements of the Platform - including Digital Content and Digital Services available on the Platform (e.g. texts, logos, photographs, company names, trademarks, the layout/design of Digital Content or Services created by third parties) - may constitute works protected by copyright and are legally protected under the following Polish legal acts:
1. the Act of February 4, 1994, on Copyright and Related Rights,
2. the Act of June 30, 2000, on Industrial Property Rights,
3. the Act of April 16, 1993, on Combating Unfair Competition,
4. and other applicable national or EU laws.
These elements are the intellectual property of the Provider and/or third parties (owners/authors) and are made available solely for use within the Platform, which the Client agrees to by accepting these Terms and Conditions.
If the Client wishes to use the Digital Content, Digital Services, or any of the above-listed elements in a manner that is inconsistent with these Terms and Conditions or with their intended purpose/functionality, the Client must first obtain written consent from the Provider and/or the relevant third parties.
Upon delivery of a Digital Product to the Recipient, the Provider grants the Recipient a License to use the Product, including the Digital Content or Digital Services. The Recipient may use them solely for their own purposes, without territorial restrictions, in the following fields of exploitation:
1. digital recording (e.g., saving on a platform maintained by the Provider),
2. local digital storage and modification for personal use as indicated in product instructions or comments (e.g., on a hard drive or via recommended third-party software),
3. playback and viewing of the Digital Product,
4. printing and use of materials in DOC, PDF, MP4, MP3, MOV, AVI, etc. formats, if such formats are part of the Digital Content or Services.
The license referred to in point 4 remains valid for the entire period during which the Recipient uses the Product (Digital Content or Digital Services).
It is prohibited to share or present Products available on the Platform with third parties without the Provider’s explicit consent. However, the Recipient may use the Digital Product and the knowledge or guidance it contains for their own business or private purposes. Additionally, the License authorizes the Recipient to share the Digital Product with persons listed in Article 23(2) of the Copyright and Related Rights Act (i.e., close family and household members). Sharing with any other third parties requires the prior written consent of the Provider. Publication of the content (except as expressly permitted in product instructions or comments) and duplication for purposes other than personal use is prohibited. The Client agrees to exercise due diligence to prevent unauthorized access to the Digital Content.
Any unlawful distribution of Digital Content or Services made available by the Client may result in civil or criminal liability. In such cases, the Provider may also seek compensation for material or non-material damages in accordance with applicable law.

8. Technical Requirements

In order for Clients to properly use the Platform, the following requirements must be met:
1. a device that allow access to the Internet;
2. use of an up-to-date operating system;
3. use of a web browser (at least Microsoft Internet Explorer 8.0, Mozilla Firefox 3.0, Opera 9.0, or Google Chrome 6) that supports hypertext documents, JavaScript, and cookies;
4. an active email account;
5. software capable of opening files in formats such as DOC, PDF, MP4, MP3, MOV, AVI, etc. If the use of specific files requires additional technical requirements, such information will be visibly presented on the Platform in a way that allows the User to make an informed decision regarding the order.
The use of viruses, bots, worms, or other malicious code, scripts, or software - including those automating processes - within the Platform is prohibited.
Use of the Internet and electronic services may be associated with the risk of harmful software being introduced into the Client’s IT system or devices, or unauthorized access to data by third parties. To minimize this risk, the Provider recommends the use of antivirus software and other online identity protection tools.
The Provider applies cryptographic protection of electronic transfers and Digital Content by using appropriate logical, organizational, and technical measures to prevent third-party access to data. This includes SSL encryption, passwords, antivirus, and anti-spyware tools.

9. Alternative Dispute Resolution and Claims

The Provider agrees to subject any potential disputes arising in connection with agreements governed by these Terms and Conditions to mediation proceedings. Specific arrangements will be determined by the parties to the dispute.
The provisions of this section apply exclusively to Clients who are Consumers or Entrepreneurs with Consumer Rights.
A Consumer has the possibility to use out-of-court methods of handling complaints and pursuing claims, including:
1. seeking assistance from a district (municipal) consumer ombudsman or a social organization whose statutory objectives include consumer protection;
2. submitting a request to the provincial inspector of the Trade Inspection to initiate mediation aimed at amicably resolving a dispute between the Client and the Provider;
3. submitting a case to a permanent consumer arbitration court to resolve a dispute arising from a concluded agreement;
4. using the so-called ODR platform, which is intended for resolving disputes between consumers and traders regarding online sales or service agreements out of court. The ODR platform is available at: http://ec.europa.eu/consumers/odr. Note: These provisions remain in force until July 19, 2025. The European Online Dispute Resolution platform (ODR) will be decommissioned as of July 20, 2025, in connection with the adoption of Regulation (EU) 2024/3228.
A dispute may be submitted to arbitration only after the complaint procedure has been completed, and only if both parties agree to this method. In all other cases, any disputes will be submitted to courts with jurisdiction as determined by the Code of Civil Procedure and other applicable laws.

10. Final Provisions

These Terms and Conditions and any agreements concluded under them shall be governed by Polish law, without prejudice to mandatory consumer protection laws applicable in the country of residence of the Subscriber, where such protection cannot be waived by contract.
In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply, in particular:
1. the Civil Code,
2. the Consumer Rights Act,
3. the Act on the Provision of Electronic Services,
4. the Act on Combating Unfair Competition,
5. the Personal Data Protection Act, and
6. the General Data Protection Regulation (GDPR).
These Terms and Conditions do not exclude or limit the rights of a Client who is a Consumer or an Entrepreneur with Consumer Rights arising from mandatory provisions of law. In the event of a conflict between the provisions of these Terms and such legal provisions, the mandatory provisions shall prevail.
When using the Platform, the following are prohibited:
1. engaging in unfair market practices, including posting or distributing unlawful content (e.g., spam or content prohibited by law), especially through forms on the Store's pages;
2. using the Platform in a manner that disrupts its operation;
3. using the Platform in a manner inconsistent with the law or these Terms and Conditions;
4. making purchases anonymously, under a pseudonym, or using false personal data;
5. using any content on the Platform for purposes other than personal use, unless a license has been granted.
To delete an account, the Client must submit a request either in writing (to the Provider’s address) or by email.
For disputes arising from service or sales agreements concluded between the Provider and a Client who is a professional Entrepreneur (not an Entrepreneur with Consumer Rights), the competent court shall be the one having jurisdiction over the Provider’s registered office. For disputes involving Consumers or Entrepreneurs with Consumer Rights, court jurisdiction is determined by the Code of Civil Procedure and other applicable laws.
The Provider reserves the right to amend these Terms and Conditions. Any changes take effect on the date they are published on the Website.
The version of the Terms and Conditions in effect on the date of concluding the Digital Product Delivery Agreement shall apply to that Agreement.
A Subscriber who does not accept changes to the Terms and Conditions may terminate the Newsletter Delivery Agreement with immediate effect before the new version enters into force. Lack of termination shall be deemed acceptance of the changes.
Termination of the Newsletter Delivery Agreement requires the Subscriber to submit a termination notice to the Provider, which may be sent via email to the address provided in these Terms. The Provider shall cease Newsletter delivery upon receipt of such notice.
The Provider makes these Terms and Conditions available to Clients free of charge prior to Newsletter subscription and prior to concluding any Digital Product Delivery Agreement. The Client may store the Terms and Conditions in a convenient format, e.g., by downloading and saving a copy or printing them.

Effective date of these Terms and Conditions: June 30, 2025.