Development and Hosting Terms

Permanent address of this version: https://riadov.systems/en/development-terms/1-0/

1. What this document is and what it applies to

These Development and Hosting Terms (the "Development Terms") are an Annex to the Terms of Service (section 4) for three Services: custom development, managed hosting and support. They apply together with the Order — the description of a specific piece of work agreed with you using the form in section 16. Words defined in the Terms of Service have the same meaning here.

Order of precedence. The Order takes precedence over these Development Terms, and they take precedence over the Terms of Service (Terms of Service, section 4). If we process personal data on your behalf, the Data Processing Agreement also applies: in matters of data protection it takes precedence over the Order and these Development Terms.

Consumers. If you place an Order as a consumer (Terms of Service, section 2), provisions of these Development Terms that would limit your statutory rights do not apply to you. The right of withdrawal from the contract and the rights relating to non-conformity are set out in sections 10 and 11 of the Terms of Service.

Earlier contracts are not changed. Orders and contracts agreed before this version enters into force remain on their own terms — including as regards rights to code, hosting, access and data. This version does not change them retroactively and applies to them only if we both agree to that in writing.

2. Definitions

• Customer, "you" — the person with whom the Order has been agreed.
• Order — a description of the work agreed in writing (in Telegram, by e-mail or in a signed document): scope, stages, price, timelines, acceptance criteria and the options chosen in the form in section 16.
• Deliverable — the software code, configuration and documentation that we create and hand over under the Order.
• Our Code — all code written by us, including as part of the Deliverable, as well as our libraries, tools and templates created before the Order or outside it.
• Customer Materials — texts, images, designs, documents, brands, logos, process descriptions and other information that you provide to us.
• Customer Data — data in your system and data that you provide to us, including personal data of your clients, employees and users.
• Secrets — passwords, API access keys, bot tokens, encryption keys and credentials for your accounts and services.
• Managed Hosting — operation of the Deliverable on our infrastructure under our administration (section 10).
• Support — the monthly service described in section 9.
• Working Day — a day from Monday to Friday, excluding public holidays in Poland.

3. How an Order is agreed

After your request we describe the scope, stages, price, timelines and acceptance criteria using the form in section 16. The Order is agreed when you have confirmed this description in writing in Telegram or by e-mail, or have signed it. Until it is confirmed we do not start work and do not request payment.

An exclusive licence and a transfer of author's economic rights require written form, on pain of invalidity: a document bearing the handwritten signatures of both parties or their qualified electronic signatures. Confirmation in Telegram or by e-mail is not sufficient for this.

4. Scope, changes and timelines

We do what is described in the Order. New features, a change to agreed logic or design, and new integrations are a change to the Order. For each change we state the price and the effect on timelines, and we carry it out only after your written confirmation. Without confirmation the price and timelines of the Order do not change.

If during the work it turns out that what was agreed cannot be done as described (for example, a third-party service does not provide the necessary data), we tell you and propose options. Only what has been agreed is paid for.

The time limit for a stage runs from the day you have provided everything needed for it: access, materials, answers. If something needed is delayed on your side, the time limit is extended by the length of the delay.

5. Price and payment

The price, currency, advance payment and payment deadline are set out in the Order. The price in the Order is the final amount payable, unless the Order expressly states otherwise. We send an invoice; VAT invoices are dealt with as in section 9 of the Terms of Service.

If payment for a stage is overdue, we send a reminder and may suspend work on subsequent stages until payment is made; timelines are extended by the period of suspension. Late payment interest applies within the limits provided by law.

Managed Hosting and Support are paid monthly in advance, unless otherwise agreed in the Order.

6. Handover and acceptance

We hand over the Deliverable of a stage as specified in the Order: access to a production or test version of the system, or the source code. Within the acceptance period set in the Order you check the Deliverable against the acceptance criteria and tell us that you accept the stage, or send a list of non-conformities with the Order.

We fix non-conformities within the time limit set in the Order and hand over the stage again — and so on in the same way. A stage is deemed accepted if within the acceptance period you have not sent a list of non-conformities, or you have started using the Deliverable of the stage in work with people or with production data (not for testing). Minor remarks that do not prevent use of the Deliverable do not stop acceptance — we fix them under section 8.

Acceptance does not limit the consumer rights set out in section 11 of the Terms of Service.

7. Rights to the Deliverable and reuse of code

Non-exclusive licence by default. Unless the Order provides otherwise, from the day a stage has been paid in full you receive a non-exclusive licence to the Deliverable of that stage — without limitation in time or territory — for the following uses:

• running and using the Deliverable in your business, including giving access to it to your employees, clients and users;
• reproduction to the extent needed for installation, running, storage and backups;
• modifications, further development and combination with other programs — by you or by others acting on your behalf, if the source code has been handed over to you (the "Source code" field of the Order).

You may allow persons acting on your behalf (contractors, a hosting provider) to use the Deliverable within these limits. The licence does not permit selling, renting out or distributing the code itself as a separate product, unless the Order says otherwise. We cannot terminate a licence that has been paid for.

If the source code is not handed over to you (in particular with Managed Hosting), the licence covers use of the Deliverable through our infrastructure; handover of the code on termination is dealt with in section 11.

Our Code remains ours. Under a non-exclusive licence the author's economic rights to Our Code remain with us. We may use Our Code, libraries, tools, approaches and experience in other projects and for other clients.

What we never reuse. Permission to reuse does not extend to:

• Customer Data, including personal data, and copies of it — neither as test examples nor for training artificial intelligence models;
• Secrets;
• Customer Materials, your brands, logos, names and design;
• your confidential information (section 12), including descriptions of your business processes, prices and clients, even where they are reflected in the code — in names, texts or calculation rules.

Before using a fragment of code elsewhere, we remove from it everything listed above.

An exclusive licence or a transfer of rights applies only if expressly provided for in the Order and made in writing (section 3), for a separate price. It covers only the code created specifically for your Order: we do not use such code in other projects. Our Code created earlier or outside the Order, and general libraries, remain ours, and you are granted a non-exclusive licence to them to the extent needed to use the Deliverable. Ideas and principles underlying a program are not protected by copyright — experience and general approaches remain free for both parties.

Third-party components. Open-source libraries and third-party services included in the Deliverable are used on the terms of their licences; we provide a list of the main components and licences on request. These Development Terms do not give more rights to them than their licences do.

These Development Terms do not limit the rights that the law gives to a lawful user of a program regardless of the contract (in particular, to make a backup copy of it).

8. Warranty fixes

If after acceptance an error — a non-conformity with the Order — is found in the Deliverable, we fix it free of charge, provided you reported it within the warranty period set in the Order. This is an additional obligation: it does not limit the rights you have under the law.

Warranty fixes do not cover changes made by you or by others without us, or failures caused by changes to third-party services (Telegram, source websites, provider APIs) or to your infrastructure. Such work is carried out as Support or as a change to the Order.

9. Support

What Support includes is agreed in the Order: for example, dependency and security updates, monitoring, fixing failures, consultations, further development within the agreed hours. The Order also sets out the request channels, response time and monthly price. Unused hours are not carried over to the next month, unless the Order says otherwise.

Response time is the time within which we start working on a request, not the time limit for a fix, unless the Order specifies otherwise. Priority Support has a shorter response time, stated in the Order.

Support may be terminated with effect from the end of the paid month by giving the other party notice within the period set in the Order.

10. Managed Hosting

What it is. We host on our infrastructure only systems that we have developed, and we administer them ourselves: installation, updates, monitoring, backups and recovery. The infrastructure is provided by the providers listed in the Data Processing Agreement (Annex 3).

No server access. We do not give the Customer access to servers, databases, provider panels, backups or infrastructure Secrets: systems of other clients run on the same infrastructure, and we are responsible for its security. You manage the system through its interface (for example, an admin dashboard or bot commands) within the limits provided by the Deliverable, and you receive data by export.

Who has access. Administrative access to our infrastructure is held by us and by the persons named in the Data Processing Agreement (Annex 1). Infrastructure providers operate on their own terms and may have technical access to their equipment and network — we do not claim that no one other than us has such access.

Domain. The system runs on your domain or at an address in the riadov.app domain. An address on riadov.app does not make us the operator of your system: you are the controller of its users' data (Terms of Service, section 4).

Availability. We keep the system running and fix failures as part of Support. A specific level of availability or recovery time applies only if it is written into the Order. We give advance notice of planned work that stops the system, except for urgent security fixes.

Data export. At any time during Managed Hosting you may request a full export of Customer Data: databases in a format suitable for migration (SQL dump, CSV or JSON — as set in the Order), files as an archive. We deliver it by a secure method within the time limit set in the Order. The final export on termination is free of charge; other exports are provided in the number and at the price set in the Order.

Non-payment. If a monthly payment is overdue, we send a reminder. If payment has not been made within the period set in the Order after the reminder, we may suspend the system. During suspension data are not deleted, and we provide an export at your request.

11. Ending hosting

How to end it. You may terminate Managed Hosting by notifying us in writing within the notice period set in the Order. We may do so only for good cause (non-payment after a reminder and suspension, use of the system in breach of the law, our discontinuing the hosting service) and with notice within the period set in the Order, sufficient to migrate the system.

What you receive. Before the termination date — a final export of Customer Data (section 10). We hand over the source code of the Deliverable as specified in the "Source code" field of the Order. You pay for help with migration to other infrastructure at the agreed rate.

Deletion. After you have confirmed receipt of the export, or after the period set in the Order has elapsed from the termination date, we delete the system and Customer Data from production servers and confirm this in writing. Data disappear from backups not immediately but when the retention period of the copy expires — periods and procedure are set out in the Data Processing Agreement (section 12 and Annex 4). We delete the Secrets you gave us; we advise you to revoke keys and tokens that remain valid (for example, a Telegram bot token or an API key).

12. Confidentiality

Each party keeps confidential the non-public information of the other party obtained in connection with the Order and uses it only for the Order — during the cooperation and for the period set in the Order after it ends. This does not apply to information that has become public through no fault of the party, was known to the party earlier, or must be disclosed by law or at the request of a competent authority (in that case only to the extent necessary and, where the law permits, with prior notice to the other party).

We may mention our cooperation with you in our portfolio and case studies only if you have agreed to this in the Order or separately, and without your confidential information.

13. Personal data

If for the Order we process personal data on your behalf — always with Managed Hosting, and with development and Support when we obtain access to production data — we conclude a Data Processing Agreement with you. You are the controller of these data. Until it is concluded we work only with test or anonymised data and do not accept access to production databases containing personal data.

We process your data as a contact person (correspondence, bills, VAT invoices) as a controller — under the Privacy Policy.

14. Liability

Consumers. Towards consumers we are liable to the extent provided by law (Terms of Service, section 14).

Businesses. To the maximum extent permitted by law, our liability under the Order is limited to the cap stated in the Order. If no cap is stated, this limitation does not apply. We are not liable to businesses for lost profits.

No limitation applies to damage caused intentionally, to harm to life or health, or to liability that the law does not allow to be limited by contract — including towards people whose personal data are processed (Art. 82 GDPR). How liability for data is allocated between us is set out in the Data Processing Agreement.

We are not liable for the consequences of changes made to the Deliverable by you or by others without us, or for the operation of third-party services that we do not control (Terms of Service, section 13). This does not limit our liability for our own actions.

15. Term and termination

An Order for development remains in force until acceptance of the last stage. Support and Managed Hosting remain in force until terminated (sections 9 and 11).

You may withdraw from development at any time by notifying us in writing. In that case you pay for the work actually performed up to that day at the Order prices, and after payment you receive rights to the Deliverable of that work under section 7. A consumer also has the right of withdrawal under section 10 of the Terms of Service.

Either party may terminate the Order if the other party materially breaches it and has not remedied the breach within the period set in the Order after written notice.

After termination, the provisions on rights to the paid Deliverable, confidentiality, export and deletion of data continue to apply.

16. Order form

An Order is drawn up using this form; the fields in square brackets are filled in for each Order. Fields marked "required" must be filled in — without them the Order is not agreed. An optional field left blank means that the rule in these Development Terms applies.