Version: 2.0 — Update date: February 11, 2025.

General Terms of Services (GCS)

1. Presentation of the company and services

Polaria Technologies (hereinafter “Polaria Tech”), is a company specialized in publishing artificial intelligence software. In particular, it designs, edits and deploys AI chatbots such as RAG (Retrieval-Augmented Generation) for internal and external support, as well as an AI-assisted collaborative messaging platform allowing live chat responses to prospects and customers. All of these solutions are referred to below as the “Services”.

The purpose of these General Terms of Services (hereinafter “CGS”) is to define the terms and conditions under which the customer (hereinafter “the Customer”) can access and use the Services, as well as the rights and obligations of each party. Any subscription to one of the Services or simple use of them implies the unreserved acceptance of these GCS by the Customer.

2. How to register and access the Services

2.1 Registration and subscription

The Customer may subscribe to Polaria Tech Services by signing a contract or quotation issued by Polaria Tech, or through any other registration process set up by Polaria Tech. The Customer undertakes to provide accurate, up-to-date and truthful information when subscribing (company name, contact details, etc.). In case of online registration, the Customer must create an account and electronically accept the CGS. Where applicable, an identifier and a password will be assigned to the Customer, who will be solely responsible for their confidentiality and use.

2.2 Access to the Services

Once the subscription is finalized and the payment has been made (see article 3), Polaria Tech opens access to the Services for the duration of the subscription taken out. The Services are accessible online, generally 24 hours a day, 7 days a week, subject to periods of technical maintenance, updates or possible interruptions beyond the control of Polaria Tech (e.g. in the event of force majeure). Polaria Tech will endeavor to inform the Customer in the event of planned unavailability of the Services (scheduled maintenance) and to limit disruptions.

2.3 System requirements

The Customer is informed that the use of the Services requires an Internet connection and possibly a recent web browser or an adequate technical environment. It is up to him to have the necessary equipment, software and connections. Polaria Tech cannot be held responsible for access difficulties due to parameters external to the Service (internet failures, hardware incompatibilities on the Customer's side, etc.).

2.4 Use of the Services — Customer Obligations

The Customer undertakes to use the Services in accordance with their destination, these CGS and the laws and regulations in force. In particular, the Customer is prohibited from:

to use the Services for purposes that are illegal, unlawful or contrary to public order and morality (for example, to disseminate violent, defamatory, hateful or unlawful content);
to divert the Services from their purpose, in particular to use the messaging platform or the chatbot for purposes other than communicating with its users, prospects or customers within the agreed professional framework;
to attempt to access or enter the information systems of Polaria Tech or a third party in an unauthorized manner, or to undermine the integrity or security of the Services;
to transmit viruses, Trojan horses or any other malicious code that may damage the Service or the data of other users through the Services;
more generally, to infringe the rights of third parties (including intellectual property rights or the right to privacy) through the use of the Services.

The Customer is responsible for the use of the Services by its employees, agents or any person to whom it allows access to the Services. It will ensure that these authorized users also comply with these T&Cs. In the event of a serious or repeated breach of the above rules of use, Polaria Tech reserves the right to suspend or limit access to the Services, after informing the Customer, and if necessary to terminate the contract in accordance with the terms of article 6.

3. Payment and renewal terms

3.1 Subscriptions and prices

Polaria Tech Services are offered as a subscription for a fixed term. Two types of engagement are available:

Annual subscription (12 months): the Service is subscribed for an initial period of one (1) year.
Three-year subscription (36 months): the Service is subscribed for an initial period of three (3) years.

The subscription prices are indicated in euros excluding taxes (excluding taxes) and correspond to the rates in force on the day of the order or the signing of the contract. Unless otherwise stated, these rates include access to the subscribed Services, excluding optional additional services (see article 3.4). Polaria Tech reserves the right to modify its prices when the subscription is renewed (see article 3.3), by informing the Customer of the new rates in advance of the renewal.

3.2 Billing and payment methods

The subscription is invoiced upon signature of the contract or validation of the order. The subscription price corresponding to the initial duration chosen is invoiced in full upon subscription. Payment is due upon signature, unless a specific schedule is agreed in writing between the parties. Payment may be made by the means of payment accepted by Polaria Tech (for example, bank transfer or direct debit). In the event of late payment, late payment penalties may be automatically applied, calculated in accordance with the legislation in force, and Polaria Tech reserves the right to suspend access to the Services until full payment of the amounts due.

3.3 Renewing the subscription

At the end of the initial subscription period, it will automatically renew by tacit renewal for a period identical to the initial term (for example, an additional year for an annual subscription), unless cancellation is notified by either party under the conditions provided for in article 6. Polaria Tech will notify the Customer of the upcoming expiry of their subscription and of any price changes at least three (3) months before the renewal date. The price of the renewed subscription will be invoiced at the start of the new period, and payable in the same manner as described above.

3.4 Complementary services

In addition to the main subscription, Polaria Tech may offer additional optional services, such as training services, personalized assistance, custom settings, additional development or any other related service aimed at optimizing the use of the Services. These additional services will be the subject of a separate quotation and invoicing, accepted in advance by the Customer. Unless special conditions to the contrary, these GCS are also applicable to these additional services, insofar as they are appropriate.

4. Intellectual property

All the Services, as well as all the elements that compose them (in particular the software, applications, algorithms, algorithms, algorithms, algorithms, AI models, interfaces, databases, documentation, texts, images, logos, designs), are the exclusive property of Polaria Tech and/or its possible licensors. These elements are protected by copyright, database law, trademark law, and any other applicable intellectual property right. The provision of the Services under these CGS does not involve any transfer of intellectual property to the benefit of the Customer, with the exception of a limited and non-exclusive right of use, as defined below.

Polaria Tech grants the Customer, for the duration of the contract and throughout the world, a personal, non-exclusive, non-transferable and non-sublicensable right to access and use the subscribed Services, strictly for the Customer's internal professional needs, in accordance with their destination and the terms of the contract. Any rights not expressly granted to the Customer hereunder remain the exclusive prerogative of Polaria Tech.

The Customer undertakes not to infringe Polaria Tech's intellectual property rights. In particular, it is forbidden for him to:

copy, reproduce, distribute, or modify all or part of the elements of the Services, except as authorized by law or by Polaria Tech;
reverse engineer, decompile or disassemble the software provided, except for mandatory legal exceptions (for example, to ensure interoperability within the meaning of article L.122-6-1 of the Intellectual Property Code, and subject to prior notice to Polaria Tech);
remove or alter any copyright, trademark, or proprietary notices appearing on the interfaces or in the code of the Services.

Customer Content:
The Customer may be required to integrate or provide content and data belonging to him to use the Services (for example, knowledge base to feed the chatbot, information or messages exchanged via collaborative messaging, etc.). The Customer retains full intellectual and legal ownership of the content he provides. The Customer guarantees Polaria Tech that it has all the necessary rights and authorizations on this content and data, and that these do not infringe the rights of third parties. It authorizes Polaria Tech to use this content strictly for the purposes of performing the Services (including for processing by AI algorithms, displaying in chatbot or messaging interfaces, saving conversations, etc.). Polaria Tech undertakes not to use the Customer's data for purposes other than the provision of the Services, nor to disclose them to third parties (excluding any subcontractors subject to the same confidentiality obligations), except under legal obligation or at the request of a competent authority.

5. Responsibility and guarantees

5.1 Guarantee of the functioning of the Services

Polaria Tech is committed to providing all the care and diligence necessary for the provision of the Services, in accordance with the rules of the art and the specifications agreed with the Customer. It ensures corrective and evolving maintenance of the Services in order to guarantee their proper functioning and reasonable continuity. However, the Customer acknowledges that, given the innovative nature of artificial intelligence and software technologies, Polaria Tech does not guarantee that the Services will function without interruption or error, or that they will meet all of the specific needs of the Customer that were not expressly provided for in the contract. Polaria Tech undertakes to remedy the technical malfunctions reported by the Customer as soon as reasonably possible.

5.2 Quality of information provided by AI

Polaria Tech Chatbot and Messaging Services integrate responses generated by artificial intelligence. Polaria Tech uses cutting-edge techniques (including RAG) to provide relevant answers based on available data. However, Polaria Tech cannot guarantee the accuracy, completeness, or infallibility of these automated responses. The Customer is responsible for verifying the important information provided by the chatbot or AI before making decisions or acting based on this information. Polaria Tech cannot be held responsible for the consequences of an action or decision taken by the Customer or an end user based on a response provided by the AI, if this response proves to be erroneous, incomplete or inadequate.

5.3 Limitation of liability

To the extent permitted by law, Polaria Tech's liability to the Customer, regardless of all causative events and damages combined, is strictly limited to the amount actually paid by the Customer to Polaria Tech for the subscription during the last twelve (12) months preceding the event giving rise to liability. Under no circumstances can Polaria Tech be held responsible for indirect or consecutive damages suffered by the Customer or third parties as a result of the use or inability to use the Services, even if Polaria Tech has been advised of the possibility of such damages. Indirect damages (including but not limited to) include loss of turnover or profits, loss of customers, damage to brand image, loss of data, or even costs associated with obtaining replacement products or services.

5.4 Customer Responsibility

The Customer is solely responsible for the use he makes of the Services, as well as for the results obtained, decisions taken or actions taken based on the information provided via the Services. The Customer undertakes to use the Services in compliance with the laws, including with regard to the protection of personal data and respect for privacy in its interactions with its own end users. The Customer indemnifies Polaria Tech against all consequences (including costs, convictions, lawyer fees) resulting from a claim or action by a third party related to the use of the Services by the Customer in violation of these CGS or applicable legal provisions.

5.5 Force majeure

None of the parties can be held responsible for a breach of its contractual obligations caused by a force majeure event, within the meaning of article 1218 of the Civil Code and French case law. Initially, the performance of the obligations arising from this contract will be suspended for the duration of the force majeure event. If the case of force majeure persists beyond a reasonable period of time (for example, more than sixty (60) consecutive days), each of the parties will have the option of terminating the contract by written notice to the other party, without compensation, subject to informing the other party.

6. Termination conditions and dispute resolution

6.1 Cancellation at the end of the term (end of subscription)

The Customer may decide not to renew his subscription at the end of the initial period or one of his renewal periods. To do this, he must notify his decision to cancel to Polaria Tech at least three (3) months before the expiry date of the current subscription. This notification must be made in writing, preferably by registered letter with acknowledgement of receipt or by any written means to prove the date of receipt. If this notice is respected, the contract will end on the expiry date of the current subscription, at no cost or penalty for the Customer (subject to the payment of any amounts due up to this date). In the absence of notification within the specified period, the subscription will be automatically renewed according to the terms of article 3.3, and the Customer will be required to pay for the new subscription period.

6.2 Early termination for breach

In the event of a serious breach by one of the parties of its contractual obligations, not repaired within a period of thirty (30) calendar days from the receipt of a formal notice sent by the other party, the injured party may notify the other party of the automatic termination of the contract, without prejudice to any damages to which it may claim. In particular, the non-payment of invoices due for more than thirty (30) days or the violation of intellectual property clauses (article 4) or the lawful use of the Services (article 2.4) or the lawful use of the Services (article 2.4) constitutes a serious breach on the part of the Customer. Likewise, a serious breach on the part of Polaria Tech could be, for example, the complete inaccessibility of the Services for an unusually long period of time for no valid reason. Termination for default does not affect Polaria Tech's right to claim payment for services already provided up to the effective date of the termination.

6.3 Consequences of the end of the contract

In the event of termination of the contract (regardless of the cause), the Customer's access to the Services will be deactivated on the effective end date of the subscription. It is the Customer's responsibility to export, if he wishes, the data that he would have stored in the Services before this date. Polaria Tech may delete or make inaccessible Customer data stored on its servers beyond a certain period of time following the end of the contract (for example, 30 days), unless there is a legal obligation to maintain otherwise. At the express request of the Customer made before the end of the contract, Polaria Tech may provide the Customer with a copy of its data in a standard format, insofar as this request is reasonable and technically feasible. Polaria Tech cannot be required to keep Customer data indefinitely after the end of the contract in the absence of a specific agreement.

6.4 Applicable law and jurisdiction

These CGS and the contract concluded between Polaria Tech and the Customer are subject to French law. In the event of a dispute relating to the execution or interpretation of these terms and conditions, the parties will endeavour to find an amicable solution within a reasonable time. In the absence of an amicable agreement, express jurisdiction is attributed to the competent courts within the jurisdiction of the head office of Polaria Tech, unless otherwise required by law. This jurisdiction clause applies provided that the Customer acts as a professional; if the Customer is a consumer within the meaning of the Consumer Code (hypothesis normally excluded in the context of Polaria Tech's Professional Services), he may then refer, at his choice, to one of the courts with territorial jurisdiction under the Code of Civil Procedure.

7. Protection of personal data

Polaria Tech attaches great importance to the protection of personal data and is committed to complying with applicable regulations, in particular Regulation (EU) 2016/679 of April 27, 2016 (RGPD) and French law No. 78-17 of January 6, 1978 as amended (known as the Data Protection Act).

7.1 Data processed and purposes

As part of the provision of the Services, Polaria Tech may process personal data concerning the Customer and/or the users of the Services. This data may include in particular:

For the management of the contractual relationship with the Customer (Polaria Tech acting as data controller): the names, first names, professional contact details (email, telephone, position held) of the Customer's contacts, account login information, account login information, billing and payment data. This data is used for the management of the customer account, the provision of the Services, the provision of Services, billing, technical support, and the communication of information related to the contract or the Services.
For the very use of the Services (Polaria Tech acting as a subcontractor on behalf of the Customer): the data that the Customer or its end users enter, communicate or generate via the chatbot or collaborative messaging. This may include the content of messages exchanged, information provided by an end user to the chatbot (for example, a support request containing contact details or technical data), etc. This data is processed by Polaria Tech only on behalf of the Customer, in order to perform the requested Service (answer questions, send messages, etc.).

7.2 Roles of the parties (data controller and subcontractor)

For personal data collected directly by Polaria Tech from the Customer as a supplier (for example, Customer administrative data, platform user management), Polaria Tech acts as the data controller. As such, Polaria Tech determines the purposes and means of these treatments, which are exclusively linked to the proper execution of this contract and to compliance with its legal obligations (accounting, management of customer accounts, etc.).

With regard to the personal data processed by Polaria Tech in the context of the use of the Services by the Customer (in particular the data of the Customer's end users passing through the chatbot or messaging), the Customer is the main data controller, and Polaria Tech acts as a subcontractor within the meaning of the GDPR. Polaria Tech only intervenes on this data on instructions from the Customer and for the sole purpose of technically providing the Service. Polaria Tech is committed to not using this data for other purposes, maintaining its confidentiality, and taking appropriate security measures to prevent unauthorized access or alteration.

7.3 Retention of personal data

The personal data collected and processed by Polaria Tech as part of contract management (“Customer” data) is kept for the duration of the contractual relationship, plus the applicable legal limitation period (in principle 5 years) to allow Polaria Tech to defend its rights in the event of a dispute. The data processed on behalf of the Customer via the Services (content of exchanges, etc.) is kept by Polaria Tech for the time necessary to provide the Service and possibly a limited period after the end of the contract, in accordance with article 6.3 hereof, unless otherwise instructed by the Customer or specific legal obligation.

7.4 Personal rights

In accordance with the regulations on personal data, persons concerned by data processing carried out by Polaria Tech have the following rights concerning their data:

Right of access: right to obtain confirmation that personal data concerning them is being processed and to receive a copy, as well as certain information on the treatments carried out;
Right to rectification: right to request the correction of inaccurate or incomplete personal data;
Right to erasure (right to be forgotten): right to request the deletion of their personal data, within the limits provided by law (for example, this right may be refused if the data must be retained to comply with a legal or contractual obligation);
Right to object: right to object, for reasons relating to their particular situation, to the processing of personal data concerning them when the processing is based on the legitimate interest of Polaria Tech. They may also oppose commercial prospecting at any time, if necessary;
Right to limitation: right to request the freezing of data processing in certain situations (for example, while a dispute over the accuracy of the data is resolved);
Right to portability: right, in certain cases, to receive personal data provided to Polaria Tech in a structured, commonly used and machine-readable format, or to request Polaria Tech to transmit this data to another data controller when technically possible.

To exercise these rights, the person concerned may send their request to the following address: [Polaria Tech contact email address for data protection]. Polaria Tech may request proof of identity if necessary and undertakes to respond within the legal deadlines (one month, extendable if necessary). In addition, each person has the right to file a complaint with the competent supervisory authority (in France, the CNIL) if they consider that their rights are not respected.

7.5 Security and Confidentiality

Polaria Tech implements appropriate technical and organizational security measures to ensure the confidentiality and integrity of personal data processed as part of the Services. This includes, but is not limited to, controlling access to data, encrypting certain sensitive data, protocols for securing exchanges and backup procedures. In the event of a personal data breach (within the meaning of the GDPR) affecting the processed data, Polaria Tech will notify the Customer as soon as possible and provide the Customer with the necessary information as well as reasonable assistance to enable the Customer to notify this incident to the competent data protection authority and, where applicable, to the persons concerned.

7.6 Subcontracting and data transfers

The Customer is informed that Polaria Tech may use subsequent subcontractors (technical service providers, hosts, etc.) for the hosting of data or the provision of certain functionalities of the Services. Polaria Tech undertakes to use only subcontractors offering sufficient guarantees in terms of the protection of personal data, and to subject them by contract to the same obligations as those provided for in this clause. In the event that personal data is transferred outside the European Union, Polaria Tech will ensure that this transfer is governed by the appropriate legal mechanisms provided for by the regulations (for example, standard contractual clauses from the European Commission, binding corporate rules, transfer to a country with an adequacy decision, etc.), in order to guarantee a sufficient level of protection.

8. Final provisions

8.1 Entire contract

These GCS, supplemented where applicable by the special conditions and the order form or quotation signed by the Customer, express the entire agreement between the parties concerning the subject of the contract. They take precedence over any previous document or agreement, written or oral, relating to the same subject.

8.2 Evolution of the CGS

Polaria Tech reserves the right to modify or update these T&Cs. In the event of a substantial change, the Customer will be informed by any appropriate means (for example, notification on the Polaria Tech website, email or mention in the invoice) at least thirty (30) days before the entry into force of the new conditions. If the Customer does not accept these changes, he will have the option to cancel his subscription under the conditions of article 6.1 before the new CGS apply. In the absence of cancellation, the new CGS will be applicable from the date indicated.

8.3 Partial nullity

If any of the provisions of these GCS were declared null, illegal or unenforceable by a final court decision, this provision would be deemed unwritten without affecting the validity of the other provisions, which will remain in full force and effect. The parties will then attempt to negotiate in good faith a valid alternative arrangement that reflects the original intent.

8.4 Non-renunciation

The fact that one of the parties does not require at one time the strict execution by the other party of any stipulation of the contract can never be considered as a final renunciation of this stipulation. Each party may at any later time require strict compliance with all agreed obligations and conditions.

8.5 Relationships between the parties

No provision of these GCS may be interpreted as creating between the parties a de facto partnership, an association, a joint venture, a mandate contract, or a relationship of subordination other than the relationship between supplier and customer provided for in the contract. The Customer acts in his own name and on his behalf, without being able to engage Polaria Tech with respect to third parties, except with the express prior authorization of the latter.