Terms of Service

Terms of Service

These Terms of Service ("Terms") govern your use of the website, services, and products provided by PolarNexa Ltd ("PolarNexa", "we", "us", or "our"). By accessing our website or using our services, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our website or services. These Terms constitute a legally binding agreement between you and PolarNexa.

Company Information

PolarNexa Ltd is a company registered in Cyprus with the following details:

Acceptance of Terms

By accessing and using PolarNexa's website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You also agree to comply with all applicable laws and regulations.

These Terms apply to all users of our website and services, including clients, prospective clients, and website visitors. If you are using our services on behalf of a company or organisation, you represent that you have the authority to bind that entity to these Terms.

We may update these Terms from time to time. Your continued use of our services after any changes constitutes acceptance of the new Terms. We will notify you of material changes by posting them on our website or through other appropriate communication channels.

Description of Services

PolarNexa provides retail customer behaviour analytics systems and related services, including but not limited to:

• Customer behaviour tracking and analysis
• Retail performance analytics and reporting
• Data visualisation and dashboard services
• Predictive analytics and insights
• Consulting and advisory services related to retail analytics
• Integration services for retail systems and platforms

The specific services provided to you will be detailed in separate service agreements or statements of work. These Terms supplement and do not replace such specific agreements.

User Obligations

When using PolarNexa's services, you agree to:

Lawful Use

• Use our services only for lawful purposes and in accordance with these Terms
• Comply with all applicable local, national, and international laws and regulations
• Respect the privacy rights of individuals whose data may be processed through our services
• Ensure you have appropriate consent and legal basis for any data you provide to us

Prohibited Activities

You agree not to:

• Use our services for any illegal, harmful, or unauthorised purposes
• Attempt to gain unauthorised access to our systems or services
• Interfere with or disrupt our services or servers
• Reverse engineer, decompile, or attempt to extract source code from our software
• Use our services to transmit malicious code, viruses, or other harmful content
• Violate any third-party rights, including intellectual property rights
• Use our services to compete with PolarNexa or develop competing products

Data Responsibilities

• Ensure the accuracy and legality of data you provide to us
• Maintain appropriate security measures for your account credentials
• Notify us immediately of any suspected unauthorised access to your account
• Comply with data protection laws regarding any personal data in your systems

Intellectual Property

All intellectual property rights in PolarNexa's services, software, website, and related materials are owned by PolarNexa or our licensors. This includes but is not limited to:

PolarNexa Property

• Software, algorithms, and analytics methodologies
• Website content, design, and functionality
• Documentation, reports, and analytical insights
• Trademarks, logos, and brand materials
• Trade secrets and proprietary processes

Limited Licence

Subject to these Terms, PolarNexa grants you a limited, non-exclusive, non-transferable licence to use our services for your internal business purposes. This licence does not include the right to:

• Sublicense, sell, or distribute our services to third parties
• Modify, adapt, or create derivative works based on our services
• Remove or alter any proprietary notices or labels
• Use our intellectual property for competitive purposes

Client Data

You retain ownership of any data you provide to us. By using our services, you grant PolarNexa a licence to process your data as necessary to provide the agreed services. We will handle your data in accordance with our Privacy Policy and applicable data protection laws.

Payment and Billing

Payment terms for PolarNexa's services will be specified in separate service agreements or invoices. General payment terms include:

Payment Obligations

• Fees are due and payable within 30 days of invoice date unless otherwise specified
• All fees are exclusive of applicable taxes, which you are responsible for paying
• Late payments may incur interest charges at the rate of 1.5% per month
• You are responsible for all costs associated with collection of overdue amounts

Refunds and Cancellations

• Refund policies will be specified in individual service agreements
• Services may be suspended for non-payment after appropriate notice
• Cancellation terms will be outlined in specific service contracts

Privacy and Data Protection

PolarNexa is committed to protecting your privacy and personal data. Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our services, you acknowledge that you have read and understood our Privacy Policy. We process personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

For analytics services involving personal data, additional data processing agreements may be required to establish the roles and responsibilities of data controllers and processors.

Limitation of Liability

To the maximum extent permitted by law, PolarNexa's liability is limited as follows:

Disclaimer of Warranties

Our services are provided "as is" without any warranties, express or implied. We disclaim all warranties including but not limited to:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted or error-free operation
• Accuracy or completeness of data or analytics

Limitation of Damages

In no event shall PolarNexa be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Business interruption or loss of goodwill
• Any damages exceeding the fees paid to PolarNexa in the 12 months preceding the claim

Exceptions

Nothing in these Terms limits our liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or wilful misconduct
• Any liability that cannot be excluded by law

Indemnification

You agree to indemnify, defend, and hold harmless PolarNexa and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms or any applicable laws
• Your use of our services in violation of these Terms
• Any data you provide to us that infringes third-party rights
• Your negligent or wrongful acts or omissions
• Any claims by third parties related to your use of our services

Confidentiality

Both parties acknowledge that they may have access to confidential information during the course of our business relationship. Confidential information includes:

• Technical data, algorithms, and analytical methodologies
• Business strategies, customer lists, and financial information
• Any information marked as confidential or that would reasonably be considered confidential

Each party agrees to maintain the confidentiality of such information and use it only for the purposes of the business relationship. This obligation survives termination of these Terms.

Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Cyprus. Any disputes arising from these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of Cyprus.

If you are a consumer resident in the European Union, you may also have rights under the consumer protection laws of your country of residence, and nothing in these Terms affects those rights.

The parties agree to attempt to resolve any disputes through good faith negotiations before resorting to formal legal proceedings. If litigation becomes necessary, the prevailing party may be entitled to recover reasonable legal fees and costs.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to:

• Natural disasters, pandemics, or acts of God
• Government actions, laws, or regulations
• War, terrorism, or civil unrest
• Internet or telecommunications failures
• Third-party service provider failures

The affected party must promptly notify the other party of such circumstances and make reasonable efforts to mitigate the impact.

Termination

These Terms remain in effect until terminated by either party. Termination may occur under the following circumstances:

Termination by You

• You may stop using our services at any time
• Specific service agreements may have their own cancellation terms
• You remain liable for any outstanding fees or obligations

Termination by PolarNexa

We may terminate or suspend your access to our services:

• For breach of these Terms after reasonable notice and opportunity to cure
• For non-payment of fees after appropriate notice
• Immediately for serious violations that pose security or legal risks
• Upon discontinuation of our services with reasonable notice

Effect of Termination

• Your right to use our services immediately ceases
• We will return or delete your data as specified in our data processing agreements
• Accrued payment obligations survive termination
• Confidentiality and intellectual property provisions survive termination

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and PolarNexa regarding the use of our services.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the original intent.

Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any provision does not constitute a waiver of that provision.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. PolarNexa may assign these Terms in connection with a merger, acquisition, or sale of assets.

Notices

All notices under these Terms must be in writing and delivered to the addresses specified in these Terms or as updated by the parties. Email notices are acceptable for routine communications.

Contact Information

If you have questions about these Terms of Service, please contact us: