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Terms of Service

Last Updated: January 1, 2025

1. Agreement to Terms

By accessing or using PolarGX's AI-powered marketing intelligence platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, then you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

PolarGX provides an AI-powered marketing intelligence platform that enables businesses to create, manage, and optimize marketing campaigns across multiple channels including email, SMS, WhatsApp, and other communication channels.

Our Service includes analytics, automation, customer data management, and AI-powered insights to help businesses improve their marketing effectiveness.

3. User Accounts

Account Creation

To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Account Termination

We may terminate or suspend your account at any time for violations of these Terms or for any other reason at our sole discretion.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Send unsolicited or unauthorized advertising, promotional materials, or spam
  • Violate any applicable federal, state, local, or international law or regulation
  • Transmit any material that is defamatory, obscene, or otherwise objectionable
  • Attempt to gain unauthorized access to the Service or its related systems
  • Use the Service to harm minors in any way
  • Collect or track personal information of others without consent
  • Use the Service for any unlawful or fraudulent purpose

5. Content and Data

Your Content

You retain ownership of all content and data you upload, submit, or otherwise make available through the Service ("Your Content"). You grant PolarGX a license to use, store, and process Your Content solely to provide the Service.

Content Responsibility

You are solely responsible for Your Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary rights to use Your Content.

Prohibited Content

You may not upload or distribute content that is illegal, harmful, threatening, abusive, defamatory, or violates any third-party rights.

6. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use the Service. By using the Service, you agree to the collection and use of information in accordance with our Privacy Policy.

You are responsible for ensuring that your use of the Service complies with applicable data protection laws, including obtaining necessary consents for processing personal data.

7. Payment Terms

Subscription Fees

Access to certain features of the Service requires payment of subscription fees. Fees are billed in advance on a monthly or annual basis and are non-refundable except as required by law.

Payment Processing

Payments are processed by third-party payment processors. You agree to pay all fees and charges associated with your use of the Service.

Fee Changes

We reserve the right to change our fees at any time. We will provide at least 30 days' notice before any fee changes take effect.

8. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by PolarGX and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not modify, reproduce, distribute, create derivative works of, publicly display, or exploit any portion of the Service without our express written permission.

9. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. PolarGX makes no warranties, expressed or implied, and hereby disclaims all warranties including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

10. Limitation of Liability

In no event shall PolarGX, its directors, employees, partners, agents, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.

Our total liability to you for any claim arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless PolarGX and its affiliates from any claims, damages, costs, and expenses (including attorney fees) arising from your use of the Service or violation of these Terms.

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice, if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

You may terminate your account at any time by contacting us. All provisions of these Terms that should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction to be specified], without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of [Jurisdiction to be specified].

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice before new terms take effect.

Your continued use of the Service after changes to these Terms constitutes acceptance of the new Terms.

15. Contact Information

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

Email: legal@polargx.com

Address: PolarGX Legal Team

[Company Address To Be Added]