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

General Terms of Use (CGU)

1. Purpose and Scope of Application of the CGU

Polaria Technologies (hereinafter “Polaria Tech”), a simplified joint stock company whose head office is located at 15 rue des Halles, 75001 Paris, registered with the Paris Trade and Companies Register under number 849 997 945, is a publisher of SaaS solutions for artificial intelligence chatbots such as RAG (Retrieval Augmented Generation). These chatbots are intended for the internal and external support of companies and organizations, and are exclusively reserved for professional use.

The purpose of these General Terms of Use (hereinafter “CGU”) is to define the conditions under which any professional user (hereinafter “the User” or “the Customer”) can access and use the platform and the services offered by Polaria Tech (hereinafter “the Service”). These CGU constitute a legal agreement between Polaria Tech and the User. They are distinct from any General Terms and Conditions of Service or Sale (GS/CGV) governing contractual and commercial aspects (such as subscription, billing or service level), although some principles may be similar.

Acceptance: By accessing or using the Service, the User acknowledges having read these Terms and Conditions and accepting them without reservation. If the User does not adhere to all the terms of use defined below, he is required not to access or use the Service. Polaria Tech reserves the right to refuse access to the Service to any User who does not comply with the Terms of Use.

2. Access to the Service

The Polaria Tech Service is strictly reserved for professionals acting within the framework of their activity (companies, organizations, and their duly authorized representatives). Access to the Service may require the creation of a user account or the subscription of a subscription in accordance with the terms and conditions provided for by the CGS. The User undertakes to provide accurate, up-to-date and complete information when registering (company name, identity of the representative, contact details, etc.), and to update it in case of change.

User account: Access to the Polaria Tech platform can be protected by a confidential username and password. The User is responsible for maintaining the confidentiality of his login details. Any action carried out via his account is deemed to have been carried out by the User. In the event of loss, theft or unauthorized use of their identifiers, the User must inform Polaria Tech without delay so that Polaria Tech can take appropriate measures (for example, resetting the password or suspending the account).

Technical conditions: The User is informed that access to the Service requires an Internet connection and appropriate equipment (computer, recent browser, etc.). All access costs (hardware, software, Internet connection, etc.) are borne by the User. Polaria Tech strives to make the Service accessible continuously, subject to maintenance operations, updates or technical constraints beyond its control.

Eligibility: By using the Service, the User confirms that he is acting in a professional capacity and that he has the legal capacity to contract and use this Service on his behalf or on behalf of the entity he represents. The Service is not intended for individual consumers or minors. Polaria Tech may, where appropriate, ask the User to provide proof of their professional status.

3. Service Description

Polaria Tech provides the Customer with an online platform for creating and deploying intelligent chatbots. These artificial intelligence chatbots use a generative approach with data augmentation (Retrieval Augmented Generation), which allows them to provide accurate and personalized answers based on information sources provided by the Customer (knowledge bases, internal documents, internal documents, FAQ, company data, etc.). The Service aims to facilitate external customer support (after-sales service, online support, interactive FAQs for end users) as well as internal support (employee assistance, internal knowledge center) within organizations.

Main functionalities: The Service allows the Customer in particular to create and configure one or more chatbots, to import data or documents useful for answers (text files, spreadsheets, databases, etc.), to integrate the chatbot into the desired communication channels (website, internal application, messaging, etc.), and to configure the AI responses according to its professional context. The chatbot will then generate automatic answers to the questions asked, by combining the capabilities of an AI language model and relevant information extracted from Customer data.

Sovereignty and performance: The Polaria Tech solution is a 100% sovereign platform, hosted on infrastructures located in France or the European Union, thus guaranteeing that the data remains under European jurisdiction. The Service is designed to provide responses in real time or almost instantaneous, 24/7, in order to ensure ongoing support. Polaria Tech is committed to implementing industry best practices for the quality, security and confidentiality of the Service (see Personal Data section). However, the User is informed that the answers are generated automatically by an AI: their accuracy or relevance, although sought, is not absolutely guaranteed (see Responsibility section). It is therefore up to the User to supervise the use of the chatbot, particularly in the context of responses that have a significant impact.

4. Rules of Use of the Service and User Obligations

4.1 General User Obligations

The User undertakes to use the Service in accordance with his professional purpose, these T&Cs, as well as the laws and regulations in force. In general, the User must demonstrate responsibility and good faith in his use of the chatbot and the Polaria Tech platform. In particular, the User undertakes to:

Comply with applicable laws: Do not use the Service in a manner that violates French law, European Union law, or any other applicable law. The User guarantees that his instructions given to the chatbot and that the content he provides or distributes via the Service (e.g. imported documents, questions asked, answers used) comply with all legal and regulatory provisions in force.
Respect the purpose of the Service: Do not divert the Service from its purpose, which is the informational and conversational support. For example, the User undertakes not to use the Polaria Tech platform as a means of developing another application without the agreement of Polaria Tech, nor to use it for unauthorized load or performance tests.
Provide legal and relevant content: Ensure that the data, documents and information imported into the platform to feed the chatbot belong to it (or that it has all the rights and authorizations necessary to use them) and that they do not infringe the rights of third parties (copyright, business secrets, personal data of unauthorized third parties, etc.). The User is solely responsible for the content that he integrates into the chatbot's knowledge base and for the possible consequences of their exploitation via AI.
Maintain the confidentiality of sensitive exchanges: As far as possible, the User will avoid entering highly sensitive information into the Service (for example sensitive personal data within the meaning of the RGPD, nominative medical information, data relating to offences, etc.) unless this is absolutely necessary for the use of the Service and done in strict compliance with the RGPD (see Personal Data section).

In case of use of the Service by end users (for example, customers of the Customer or employees interacting with the chatbot), the Customer is responsible for ensuring that these end users use the chatbot in accordance with these T&Cs and the law. In particular, it will be the Customer's responsibility to inform its own end users, if necessary, that they are interacting with an automated conversational agent and not a human, and to ensure that no illicit content is exchanged via this channel.

4.2 Prohibited content and prohibited uses

It is strictly forbidden to use the Service to transmit, generate, store, or distribute illicit content, or to perform activities that are contrary to laws and regulations. Without this list being exhaustive, the User is in particular prohibited from using Polaria Tech technology to:

Commit or encourage illegal or criminal activities: for example, any form of scam, fraud or phishing, money laundering, the promotion or organization of criminal activities, terrorism or its promotion, etc.
Broadcast hateful, violent or discriminatory content: Any remarks or content that incites racial, ethnic or religious hatred, violence or discrimination against a person or a group of people, or that promotes crimes against humanity or acts of terrorism, is strictly prohibited.
Undermining the physical or moral integrity of persons, in particular minors: this includes the absolute prohibition of any content relating to child pornography, the exploitation or abuse of minors, trafficking in human beings or sex trafficking, as well as any form of harassment, threat, call for suicide or cyberbullying against anyone.
Produce or share illicit or non-consensual pornographic content: in particular, pornographic content featuring minors (illegal) is prohibited, or any sexually explicit content disseminated without the consent of the persons concerned or in violation of the law. In general, the User will take care not to use the chatbot to broadcast content that is obscene or contrary to morality in a context where this would be inappropriate.
Infringe the intellectual property rights or private rights of third parties: for example, reproduce or generate texts, images or content protected by copyright (brands, patents, trade secrets, databases, etc.) without authorization from the rights holder; or encourage the chatbot to provide confidential information belonging to a third party. The User must respect copyright and refrain from any use of the Service that could facilitate the violation of these rights (such as asking the AI to produce the complete copy of a protected work).
Utter defamatory, slanderous or offensive remarks: the User must not use the Service to make or propagate remarks aimed at harming the honor or reputation of a natural or legal person in an unlawful manner. Likewise, it is forbidden to use the chatbot for unjustified commercial discredit towards competing products or companies.
Distribute harmful programs or compromise security: it is prohibited to use the Service to develop or distribute viruses, malware, malicious code or anything designed to harm computer systems (including trying to hijack the functioning of the chatbot for the purpose of hacking). The User is also prohibited from seeking to circumvent the security measures of the Service, to test the vulnerability of the platform, or to intentionally disrupt its proper functioning (denial of service attack, overload, etc.).
Promote illegal products or services: for example, the sale or exchange of illegal drugs, substances regulated outside the legal framework, prohibited firearms or edged weapons, non-prescription or counterfeit medications, human organs, etc., is prohibited via the Service.
Sending unsolicited communications or spam: The User must not use the Service as a vehicle for sending massive unsolicited, advertising or other messages (spamming), nor to collect personal data from others in an unfair manner (phishing, illegal data extraction, etc.).

This clause applies both to the content that the User could have generated by the chatbot and to the content that the User would integrate or distribute himself via the platform. Polaria Tech recalls that any use of the Service in violation of the above prohibitions is strictly prohibited and exposes the User to sanctions provided for by these Terms of Use, without prejudice to criminal or civil proceedings provided for by law. The User is invited to be vigilant and ethical in his interactions with the AI, and to refrain from any attempt to hijack the AI in order to circumvent these prohibitions (for example by making requests intended to deceive the chatbot's moderation filter). Any attempt to do so will constitute a violation of the T&Cs.

5. Content Moderation and Control

Polaria Tech attaches particular importance to respecting legality and ethics in the use of its Service. As such, content moderation can be implemented in several ways:

Automated moderation: The Service integrates technical mechanisms for filtering and automatically moderating AI-generated content. These mechanisms aim to prevent, as much as possible, the production of responses containing prohibited remarks (as defined in article 4.2). For example, artificial intelligence can refuse to respond to a request deemed to be non-compliant (inciting illegal activity, involving insults, etc.) or produce a neutral response indicating that it is impossible to process the request. The User understands that these automatic filters are necessary to comply with legal obligations and Polaria Tech policies, and undertakes not to attempt to circumvent them.
Polaria Tech surveillance and intervention: Although Polaria Tech does not exercise a generalized and constant surveillance of all User activities (Polaria Tech does not access the content of conversations in real time except technical necessity or support), the company reserves the right to monitor compliance with the Terms and Conditions a posteriori. In particular, if Polaria Tech is informed that illegal content has transited through its Service or is stored there (for example, notification from a third party or internal detection), it may take appropriate measures. These measures may include the temporary suspension of the User's account, the removal or blocking of illegal or non-compliant content, or even the termination of the account in the event of a serious or repeated breach (see article 10). Polaria Tech may also deactivate or limit certain functionalities if non-compliant use is observed.
Obligation to report: In accordance with the law, if Polaria Tech finds the presence of clearly illegal content (for example, child pornographic images, incitement to terrorism, etc.) on its platform, it will inform the competent authorities without delay and will take all necessary measures to promptly remove this content. Likewise, Polaria Tech will cooperate with the judicial authorities at their request, in compliance with legal provisions, in particular the Law for Confidence in the Digital Economy (LCEN) and the RGPD.

Responsibility of the User in moderation: The User, for his part, has the obligation to ensure compliance with the T&Cs by his own end users and collaborators. If he integrates the Polaria chatbot on a site or an application accessible to third parties, the Customer must implement appropriate moderation on his side (for example, provide filters on the questions asked by end users if he considers it necessary, or monitor feedback) in order to prevent any deviation. In the event of a breach of the rules of use by an end user, the Customer undertakes to take the necessary measures (warning, blocking the end user, etc.) and to inform Polaria Tech if a significant incident occurs.

Reporting: If the User or one of his own customers/visitors identifies content or use of the Service that seems contrary to these rules (illegal content, violation of rights, etc.), he is invited to inform Polaria Tech as soon as possible. A contact point is available for these reports (see Contact section). Polaria Tech will then review the request and, if necessary, take appropriate moderation measures.

In any event, Polaria Tech reserves the right to deactivate all or part of the User Service without notice in the event of a serious breach of articles 4 and 5 of the Terms of Use, in particular in the event of use of the Service for activities that are obviously illegal or likely to seriously infringe the rights or security of third parties. As far as possible, Polaria Tech will inform the User in advance of the measures taken and their reasons, unless the nature of the violation requires immediate intervention or if there is a legal injunction not to inform the User.

6. Intellectual property

6.1 Polaria Tech Rights

The Service, the software platform, the tools made available, as well as all the components of the Polaria Tech solution (including, without limitation, texts, algorithms, source codes, AI models, software architectures, interfaces, graphics, logos, logos, logos, logos, logos, logos, logos, logos, logos, logos, logos, logos, logos, brands, brands, brands, domain names, domain names, documentation and databases) are the exclusive property of Polaria Tech or its licensors/licensees. They are protected by copyright, trademark law, database law and other intellectual property rights in force.

Polaria Tech grants the User a personal, non-exclusive, non-transferable right of use and strictly limited to the scope of the Service as provided in these CGU and the contractual agreements (CGS). This license of use is granted for the duration of the contractual relationship and only for the internal needs of the Customer. It does not involve any transfer of intellectual property for the benefit of the User. The User is in no way authorized to (a) copy, reproduce permanently or temporarily, in whole or in part, the Service or any of its components by any means whatsoever (except for the needs of the normal functioning of the Service), (b) modify, adapt, translate, translate, translate, arrange, arrange, arrange, arrange, decompile, decompile, perform reverse engineering, perform reverse engineering, disassemble all or part of the solution, except in cases strictly authorized by law (e.g. for interoperability purposes under the conditions of the articles of the Intellectual Property Code), (c) seek to access or extract the source code or training data of the AI model, (d) distribute, rent, lease, sublicense or make available to third parties (excluding authorized users of the Company) all or part of the Service, or (e) exploit the Service in any other manner not provided for in the contract (in particular for third party commercial purposes, or to offer services on behalf of third parties without the agreement of Polaria Tech). Any unauthorized use of the Service or any of its elements will be considered as constituting an infringement and/or a breach of the Terms of Use, which may result in the termination of this contract and legal proceedings.

Polaria Tech brands, logos, and other distinctive signs (including the Polaria brand and product names such as Ogma, Polaria Client, Polaria Citizen, etc.) are protected. Without prior written authorization from Polaria Tech, the User is not authorized to use or reproduce these distinctive signs, in particular for promotional or commercial purposes.

6.2 User rights over its contents

Customer Data: Deploying the Polaria chatbot may involve the processing of data or content provided by the Customer (for example, documents imported into the knowledge base, specific question/answer information, messages exchanged between the chatbot and end users, etc.). Polaria Tech does not claim any ownership rights to the data, information, and content that the User provides as part of the Service. The Customer retains all intellectual property rights and/or exploitation rights on the content that it provides or integrates into the platform.

By transmitting its contents into the Service, the User grants Polaria Tech, for the duration of the contractual relationship, a license to use this content, strictly limited to the following purposes: hosting, storing, reproducing and processing this data in order to provide the Service (in particular to allow the chatbot to analyze the documents and formulate relevant answers), to carry out backups and to ensure the technical functioning of the Service, and where appropriate, to improve the quality of the Service (in particular to allow the chatbot to analyze the documents and formulate relevant answers), to carry out backups and to ensure the technical functioning of the Service, and where appropriate, to improve the quality of the Service. Service (for example, Polaria Tech could analyze interactions in an aggregated and anonymized manner in order to optimize the performance of its AI, unless the Customer objects). This license is non-exclusive, worldwide (insofar as hosting may involve server locations within the EU, see section 7.4) and expires at the end of the contract, subject to legal retention obligations or the cases provided for below. Under no circumstances will Polaria Tech use Customer data for other purposes (marketing, resale to third parties, etc.) without explicit consent.

Chatbot conversations and outputs: The content generated by the AI during the conversations (questions asked and answers produced) may, depending on the case, incorporate elements from Customer data (for example, a quotation from a manual provided) or elements of generic origin. Polaria Tech considers that these conversations relate to the data of the Customer and its users, and treats them as such (confidentiality, non-reuse outside the service). Insofar as the AI responses may be based on the Customer's content, the Customer remains the owner of the elements from its own data. As for the generative elements purely from the AI model, they are not covered by any Polaria Tech copyright and fall, when applicable, into the public domain or the property of the Customer who uses them. The User is nevertheless responsible for the use he makes of the chatbot's answers, especially if they are published or used in distributed documents, and must ensure that no third party rights are violated by this distribution.

7. Personal Data Protection and Confidentiality

Polaria Tech places paramount importance on the protection of personal data and the confidentiality of information processed as part of its Service. Polaria Tech is committed to complying with all legal provisions applicable in this area, and in particular Regulation (EU) 2016/679 of April 27, 2016, known as the General Data Protection Regulation (RGPD), as well as French law No. 78-17 of January 6, 1978, known as the Data Protection Act (amended), as well as French law No. 78-17 of January 6, 1978, known as the Data Protection Act (amended). This commitment is part of Polaria Tech's desire to guarantee the sovereignty of its customers' data and the strictest compliance with French and European requirements.

7.1 Responsibility and GDPR compliance

As part of the use of the Service, Polaria Tech may be required to process two categories of personal data: (a) data relating to the Customer and its representatives (for example, name, first name, function, professional contact details of the account administrator, professional contact details of the account administrator, connection data such as IP, etc.) for the management of the customer relationship, and (b) data that may be included in the content processed by the chatbot (for example, if an end user asks a question containing personal data, or if the imported documents by the Customer (contain identifying information).

For data in category (a), Polaria Tech acts as a data controller, this processing being necessary for the execution of the contractual relationship (account management, customer support, billing) or based on its legitimate interest (improvement of the Service, security) or based on its legitimate interest (improvement of the Service, security). For data in category (b), Polaria Tech acts in principle as a subcontractor of the Customer, the latter itself being responsible for processing in relation to the persons concerned (for example, end customers asking questions). As a subcontractor, Polaria Tech undertakes to process this personal data only on behalf of and according to the instructions of the Customer, for the exclusive purpose of providing the Service (and its related functionalities, such as improving the Customer's specific model, if provided for in the contract), and in compliance with the obligations of article 28 of the GDPR. A Data Processing Agreement may be concluded to this end within the framework of the CGS if necessary.

7.2 Nature of the data collected and purposes

Registration and account data: When creating the account and using the Service, Polaria Tech collects the professional identification data of the user (s) on the Customer's side (such as: name, first name, business email address, business email address, business telephone number, business telephone number, business telephone number, business phone number, company name, function, login credentials). This data is used for: the creation and management of the account, the provision of the Service (authentication, management of access rights), communication with the Customer (information on updates, technical support, assistance, etc.), and billing if applicable.

Usage data: Polaria Tech may record data relating to the User's actions on the platform (connection logs, chatbot configuration, parameters used, volume of requests, etc.) in order to ensure traceability, the security of the Service, to improve performance or to generate usage statistics. These event logs are kept securely and accessible only to authorized Polaria Tech personnel.

Content and data processed via the chatbot: The questions asked to the chatbot, the answers generated, as well as the documents and knowledge bases imported by the Customer, may indirectly contain personal data (for example, an end customer mentions his name or an order number, an employee is looking for internal HR information, etc.). This data is processed automatically by the AI engine to formulate answers, and can be stored temporarily in memory or in indexes to allow conversation and contextual learning during the session. Polaria Tech does not use this content for purposes other than providing the Service to the Customer concerned. By default, Polaria Tech does not actively consult the content of these exchanges, except: (i) if this is necessary to resolve a support ticket or a technical incident at the request of the Customer, (ii) as part of maintenance or specific improvements requested by the Customer, or (iii) in the event of a legal obligation or compliance check (see Moderation section).

Purposes of processing: In summary, the personal data that may be processed by Polaria Tech are processed for the following purposes:

Provide the Service as defined in the contract (provision of the platform and the chatbot, execution of requests, user account management).
Provide customer support and maintenance (processing support requests, fixing bugs, improving the user experience).
Guarantee the security and integrity of the Service (detection of fraudulent access, prevention of misuse, backups, logging of operations).
Fulfill any legal or regulatory obligations (e.g. retention of certain connection data in accordance with the law, response to legal requirements).
(Eventually) Improve the performance of AI and Polaria Tech services. In this case, Polaria Tech will ensure that the extracted data is anonymized or pseudonymized for analysis purposes, or will seek the Customer's consent if the improvement requires the use of non-anonymous data that goes beyond the initial framework. By default, no personally identifiable data from Customer content is used to train Polaria Tech's global models without authorization.

Polaria Tech does not market the personal data of its customers or the end users of its customers. Data is only transmitted to third parties in the following cases: (a) to any subcontractors or technical partners of Polaria Tech involved in the execution of the Service (for example, the server host, a backup service, etc.), it being understood that these subcontractors are subject to the same confidentiality and GDPR compliance obligations as Polaria Tech; (b) if required by law (legal obligation to respond to a judicial or administrative authority); or (c) with the express permission of the Customer (for example, integration with a third party service at the request of the Customer).

7.3 Data Rights of Individuals

In accordance with the RGPD and the Data Protection Act, any natural person whose personal data is processed by Polaria Tech benefits from the following rights to their data: right of access, right to rectification, right to erasure (right to be forgotten), right to limit processing, right to limit processing, right to object for legitimate reasons, and right to the portability of their data under the conditions defined by the regulations.

These rights can be exercised at any time by contacting Polaria Tech at the address indicated in the legal notice or at the email address dedicated to data protection (for example: privacy (at) polaria (dot) ai or another address that will be communicated to the Customer). Polaria Tech may request proof of identity in case of reasonable doubt about the identity of the applicant, in order to protect the confidentiality of the data. Polaria Tech is committed to providing a response within the legal deadlines (1 month possibly extendable by 2 months for complex requests) and to meeting legitimate requests. If, nevertheless, a person concerned considers that his rights are not respected, he has the option of filing a complaint with the competent supervisory authority, in France the CNIL.

It is recalled that for the data processed by Polaria Tech as a subcontractor (data that the Customer transmits via the chatbot), the End User must in principle contact the Customer directly (data controller) to exercise his rights, Polaria Tech then assisting the Customer in carrying out these requests, in accordance with article 28 of the RGPD. Polaria Tech undertakes to cooperate reasonably with the Customer in order to enable it to fulfill its own obligations towards the persons concerned (e.g. extraction or deletion of specific data at the Customer's request).

7.4 Security Measures and Data Sovereignty

Polaria Tech implements appropriate technical and organizational security measures in order to guarantee a level of security adapted to the risks presented by the treatments. This includes in particular: the encryption of data in transit (secure communications using TLS/HTTPS protocol) and, as far as possible, at rest (encryption of databases and backups), strict access control mechanisms (secure authentication, role-based rights management, management of rights by role, robust password policies), the traceability of accesses and actions, as well as procedures for monitoring infrastructures to detect any intrusion or anomaly. The servers are hosted in secure data centers that offer high guarantees in terms of redundancy, physical protection and business continuity. Polaria Tech regularly backs up critical data to prevent any risk of accidental loss or alteration, and tests these backups periodically.

Commitment to sovereignty: True to its positioning as a sovereign solution, Polaria Tech guarantees that all data provided by the Customer (including personal data) is hosted and processed exclusively on infrastructures located in France or within the European Union. No data is transferred outside the European Economic Area without prior information and without an adequate legal framework in place (for example, a transfer agreement in accordance with the standard contractual clauses of the European Commission, or hosting with a certified “trusted cloud” provider if this were to happen). Polaria Tech thus undertakes to avoid the use of services subject to extraterritorial legislation that does not comply with European data protection standards, in order to preserve the confidentiality and sovereignty of its Customers' data.

Confidentiality: Polaria Tech and its staff are bound by a general obligation of confidentiality with respect to information and data processed on behalf of the Customer. This confidentiality persists even after the end of the contractual relationship. Polaria Tech ensures that only duly authorized personnel (and subject to a confidentiality commitment) can access Customer data, and only for the needs of the Service (maintenance, support) or if required by law. Under no circumstances does Polaria Tech disclose the Customer's personal or confidential data to unauthorized third parties.

8. Service and Access Security

Polaria Tech is committed to ensuring the security of the Service and the infrastructure on which it is based. However, security is also the User's business: the User must ensure that they use the Service securely and protect their own systems.

Polaria-side security: As mentioned in 7.4, Polaria Tech deploys advanced protection measures to prevent unauthorized access and cyber threats. In the event of the discovery of a security breach or a suspicion of a data breach involving the Customer's data, Polaria Tech undertakes to inform the Customer as soon as possible, in accordance with article 33 of the RGPD, and to take the necessary measures to correct the breach and limit the impact. A business continuity and recovery plan is in place to deal with possible major incidents (failure, disaster, attack) in order to restore the Service within a reasonable time.

User side security: The User is responsible for the security of his access environment. In particular, it is responsible for: keeping the workstations and browsers used to access the platform up to date, using antivirus/antimalware solutions, protecting access to its terminals, and keeping its login credentials secret (as stipulated in article 2). It is strongly recommended that the User use a strong and unique password for the Polaria Service, and to renew it periodically. In case of using the API or technical integration providing authentication keys, the User must keep these keys in a safe place and not expose them publicly (for example, not commit them to a public code repository).

The User undertakes to immediately notify Polaria Tech of any vulnerability, vulnerability or suspicious use of which he is aware concerning the Service. Polaria Tech encourages the responsible disclosure process and will treat these reports seriously. In addition, the User is prohibited from exploiting a security breach himself or accessing the data of another customer — such behavior would be considered an offense and a serious breach of the Terms of Use.

Polaria Tech cannot be held responsible for the consequences of unauthorized access to Customer data that would result from the User's negligence in terms of security (for example, workstation infected by a virus for lack of protection, sharing the password with a third party, etc.). It is therefore crucial that the User adopts good security practices when using the Service.

9. Responsibility and Guarantees

9.1 Polaria Tech's Responsibility

Accessibility and smooth operation: Polaria Tech strives to provide a high quality and reliably available Service. However, as the Service is provided via the Internet and uses complex technologies (AI, databases, etc.), Polaria Tech cannot guarantee absolutely uninterrupted availability or a total absence of errors. Polaria Tech is committed to implementing reasonable technical and human resources to ensure the continuity of the Service and correct any malfunctions. In the event of a planned interruption for maintenance, Polaria Tech will take care as much as possible to inform the Customer in advance and to limit the duration of the unavailability.

Diligence and expertise: Polaria Tech guarantees that the Service will be provided in accordance with applicable professional standards and with a reasonable level of skill and care. It also guarantees that the solution complies with the regulations applicable to it as a publisher (in particular with regard to data protection, security, etc., as detailed in these Terms of Use). However, Polaria Tech does not guarantee that the Service will be suitable for a particular use not expressly provided for in the contract — it is up to the Customer to verify the adequacy of the Service to its specific needs.

Quality of AI responses: The User acknowledges that the Service is based in part on generative artificial intelligence algorithms, whose operation involves a certain unpredictability. Although Polaria Tech has designed its AI and configured its models in such a way as to maximize the relevance and reliability of the responses (in particular by combining validated Customer data via the RAG approach), Polaria Tech cannot guarantee the absolute accuracy or completeness of each response generated by the chatbot. AI can occasionally produce factual errors, omissions, or ambiguous formulations. Polaria Tech cannot be held responsible for the possible consequences of decisions made by the User or by its own customers based on the answers provided by the chatbot, and recommends verifying crucial information or exercising human judgment for sensitive cases. This clause does not exclude the support of Polaria Tech to continuously improve the quality of responses (Polaria Tech undertakes to correct the inaccuracies identified as far as possible through the addition of data or the adjustment of the model in collaboration with the Customer).

Limitation of liability: Unless otherwise required by law, Polaria Tech's liability in the event of an established breach of its obligations would be limited to only the direct and foreseeable damages actually suffered by the Customer as a result of this breach. Polaria Tech will in no way be responsible for indirect, speculative or unforeseeable damages that the User or third parties may suffer as a result of the use or impossibility of using the Service. In particular, compensation by Polaria Tech is excluded: loss of profit, loss of opportunity, loss of income, loss of data (except if the loss is due to a proven failure by Polaria Tech to comply with its backup obligation), operating loss, or image damage. In any event, in the context of a contract for consideration, Polaria Tech's overall liability would be capped at the amount of the fees actually received from the User during the last 12 months preceding the event giving rise to the damage (this being generally specified in the CGS). This limitation does not apply in case of gross or fraudulent misconduct by Polaria Tech, or in case of personal injury or related to the violation of fundamental rights where the law prohibits limiting liability.

Force majeure: Polaria Tech cannot be held responsible for a failure to perform its obligations due to a force majeure event within the meaning of French case law (including, without limitation: natural disasters, fires, generalized Internet network failures, social conflicts, social conflicts, pandemics, pandemics, pandemics, sophisticated zero-day computer attacks, government interventions, etc., insofar as these events are beyond the reasonable control of Polaria Tech). In the event of force majeure, the performance of obligations is suspended for the duration of the event; Polaria Tech will endeavour to put in place alternative solutions to restore the Service as far as possible.

9.2 User Responsibility

The User is solely responsible for the use he makes of the Service and the consequences of this use, in particular with respect to third parties. In particular:

The User assumes full responsibility for the content that he provides to the Service (knowledge base information, questions asked, etc.) and for the content that he uses as a result of the Service (chatbot answers that he decides to publish or use to guide his customers). Since Polaria Tech does not intervene in the choice of these contents, it is up to the User to ensure that they are legal, accurate and appropriate. Polaria Tech cannot be held responsible for any disputes between the Customer and a third party (e.g. end customer, beneficiary, authority) arising from content provided or generated through the Service, except insofar as this dispute would be directly attributable to a breach by Polaria Tech of its obligations.
The User guarantees Polaria Tech against any claim or action by third parties alleging that the content provided by the Customer or the use that the Customer makes of the Service infringes their rights (e.g. copyright infringement, violation of personal data, personal data, defamation, etc.) or the law. In the event of a claim or procedure initiated by a third party against Polaria Tech due to a breach by the User of these T&Cs or the law, the User undertakes to indemnify Polaria Tech at first request for all damages, costs, damages, damages, damages, fines or expenses (including reasonable lawyer's fees) resulting from this claim. This guarantee remains applicable even after the end of the contract.
The User is also responsible, where applicable, for the information and consent of persons whose personal data could be processed via the Service through him (e.g. if the chatbot collects the email address of an end customer to respond to him or send him a report). The Customer must ensure that he has a legal basis (consent, contract, legitimate interest...) for any processing of personal data that he carries out using the Service, Polaria Tech then acting as a subcontractor. Polaria Tech cannot be held liable if the Customer uses the platform in a manner that does not comply with the obligations of the RGPD towards the persons concerned for whom he is responsible.

9.3 Service Level Guarantee (if applicable)

If the parties have agreed, under the CGS, to a certain guaranteed level of service (SLA) in terms of availability, support or performance, the methods of compensation in case of non-compliance with these guarantees will be specified in the said contract (for example, subscription extension, penalties, etc.). In the absence of specific provisions, the User will only be able to claim the remedies provided for by law and these T&Cs in the event of a breach.

Polaria Tech will make its best efforts to maintain a high level of availability, typically > 99%, excluding scheduled maintenance. Any major incident must be reported via support channels, and Polaria Tech is committed to resolving them diligently as required (support contact details are indicated in the documentation or contract).

10. Duration, Suspension and Termination

10.1 Duration of application of the CGU

These CGU come into force upon acceptance by the User and apply throughout the duration of use of the Service by the User. Access and use of the Service by the User are subject to continued compliance with the Terms and Conditions. In the event of termination or expiration of the main contract (CGS) between Polaria Tech and the Customer, these T&Cs will also cease to produce their effects, subject to the provisions that, by nature, survive (e.g. confidentiality, intellectual property, liability limitation clauses, etc.).

10.2 Temporary suspension

Polaria Tech reserves the right to immediately and without notice suspend all or part of access to the User's Service in the event of a serious breach by the User of these Terms of Use, in particular in the event of: use of the Service in a manner contrary to the law or prohibited content (article 4.2), violation of the integrity or security of the platform (e.g. attempted hacking, voluntary overload), obvious non-compliance with confidentiality or protection obligations (article 4.2), data, or any other behavior likely to harm interests legitimate from Polaria Tech or others. The suspension may be maintained while an investigation is being carried out or until a dialogue with the User concerned is carried out. Polaria Tech will inform the User of the suspension and, if possible, of the measures to be taken to restore the Service (e.g. removal of illegal content, commitment to stop the offending behavior).

In addition, Polaria Tech may temporarily suspend the Customer's access in the event of persistent unpaid invoices relating to the Service (according to the terms of the CGV), after a formal notice that has remained without effect, although this point falls more under the CGS than with the CGU. In such a contractual hypothesis, the User would be informed in advance.

10.3 Termination for breach

In the event of a serious or repeated violation of the Terms and Conditions by the User that is not corrected despite a formal notice (when the nature of the breach allows it), Polaria Tech may automatically terminate access to the Service and the contract, without prejudice to any damages to which it may be entitled. The termination will be notified by any written means (email or letter) to the User and will result in the closure of the User's account. In the event of termination, the Customer remains required to pay any amounts due for the past period and Polaria Tech will return or destroy the Customer's data in accordance with the regulations and contractual stipulations (see 10.4).

For their part, the User may decide to stop using the Service and close their account at any time. If he wishes to formally terminate the Service contract before its end, he must refer to the conditions provided for in the CGS (notice, financial consequences, etc.). Voluntary closure of the account results in the application of the end of contract provisions below.

10.4 Consequences of the end of use

In the event of the end of the use of the Service, for any reason whatsoever, Polaria Tech undertakes, at the Customer's request, to provide the Customer with a recovery of its data in a usable format, within a reasonable period of time, in order to allow it to maintain the knowledge and content provided (e.g. export of knowledge base documents, essential conversation logs if requested, etc.), unless legally prevented. The Customer must request this export upon termination or within the period indicated in the CGS (otherwise, Polaria Tech may no longer be in a position to guarantee the recovery of data beyond a certain period).

Polaria Tech will delete Customer data hosted on the platform after a defined retention period (unless there is a longer legal retention obligation). By default, and unless otherwise stipulated, this retention period is 90 days from the date of the end of the contract or the deactivation of the account, in order to allow for a possible restoration in the event of an error. Beyond that, the data will be permanently deleted or made anonymous. However, Polaria Tech may keep in intermediate archives certain information strictly necessary to comply with its legal obligations or to defend its interests in the event of litigation (e.g. connection logs kept for 1 year according to the LCEN, billing data for 10 years, etc.). This residual data will remain protected in accordance with Polaria Tech's privacy commitments.

11. Modification of the T&Cs

Polaria Tech may be required to modify or update these T&Cs in order to adapt to legal, regulatory, technological changes or to changes in the Service itself. In the event of a substantial change in the terms of use, Polaria Tech undertakes to inform the Customer by any appropriate means (notification on the platform, sending an email to the account administrator, or other) at least 30 days before the entry into force of the new conditions, unless the new conditions come into force, unless there is a legal emergency requiring immediate application.

If the User does not accept the modified T&Cs, he retains the right to stop using the Service and to terminate his contract according to the terms provided. The absence of termination and the continuation of the use of the Service beyond the date of entry into force of the changes will constitute tacit acceptance of the new T&Cs. Polaria Tech will invite the User to carefully review any updated terms and conditions. The successive versions of the CGU will be accessible on the Polaria Tech site or communicated on request, the version in force being the one accepted by the User.

12. Applicable Law and Competent Jurisdiction

These CGU are subject to French law. They were written in French, and even if a translation can be provided for information purposes, the French version is the only authentic one in case of discrepancy.

Any dispute relating to the formation, interpretation, execution or termination of these T&Cs, or more generally related to the use of the Service, which could not be resolved amicably between Polaria Tech and the Customer, will be under the exclusive jurisdiction of the French courts. If the Customer is a professional established in France, the dispute will be brought before the materially competent jurisdiction of the headquarters of Polaria Tech (unless otherwise required by law). Thus, unless otherwise specifically agreed, the Parties grant exclusive jurisdiction to the courts of Paris to hear any dispute arising hereunder. This jurisdiction clause is accepted by the professional User.

However, it is understood that Polaria Tech will always favor an amicable resolution of the dispute when possible, for example through a discussion between legal services or mediation, before any judicial referral.

13. General provisions

Entire agreement: These T&Cs express the entire agreement between the Parties concerning the use of the Service and prevail over any other previous contradictory document relating to the same subject. They can be supplemented by special conditions or a contract (CGS) specifying certain aspects (e.g.: subscription duration, prices, SLA, etc.). In the event of a contradiction between the CGU and the commercial contract, the provisions of the contract will prevail for the aspects concerned, without however excluding the other provisions of the CGU.

Partial nullity: If one or more stipulations of these T&Cs were held to be invalid, void or unenforceable pursuant to a law, regulation or following a final court decision, they will be deemed to be unwritten. The other stipulations will remain in full force and scope. The Parties will then agree to replace the invalidated clause with a valid clause that reflects the original intention in accordance with the law.

Non-renunciation: The fact that Polaria Tech does not at any given time rely on any of the clauses of these Terms or of a breach by the User of one of its obligations cannot be interpreted as a final renunciation to exercise this right or this clause.

Transfer: The contract for the use of the Service (and the rights and obligations arising from it) may not be assigned or transferred by the Customer to a third party without the prior written consent of Polaria Tech. For its part, Polaria Tech may transfer the contract to any affiliated company or successor company (for example in the event of a merger-acquisition), subject to informing the Customer and guaranteeing the same level of service.

Relationship of the parties: No stipulation of these Terms of Use may be interpreted as creating between the Parties a common company, a relationship of mandate, underemployment or mutual representation. The User acts in his own name and on his behalf as an independent professional.

14. Contact and Support

For any question relating to these Terms of Use, the use of the Service, or for any request for assistance, the User may contact Polaria Tech at the following coordinates:

Postal address: Polaria Technologies, 15 rue des Halles, 75001 Paris, France.
Email address (support): support (at) polaria (dot) ai
Telephone: 03 62 02 77 30 (free call, Monday to Friday, office hours).

Polaria Tech invites the User to also consult the Documentation and the Privacy Policy available on its website for more information on the operation of the Service and the processing of data. In the event of a conflict between the Privacy Policy and article 7 of these Terms of Use, the latter will prevail as regards the use of the Service by the User (the Privacy Policy may contain additional information on treatments).