1. Purpose and parties
These terms govern the use of the Polarisy Studio app by a business, which we call the Merchant, to create games, offers and ads intended for users of the Polarisy app. They are entered into between the company Polarisy, whose details are in the Legal Notice, and the Merchant, who acts for professional purposes.
2. Account and access
The Merchant creates an account with an email address and a password and declares having the authority to bind their business. They may invite members of their team, for whose actions they remain responsible, and they must keep their access confidential. The information they provide, such as the business identity, address and opening hours, must be accurate and kept up to date.
3. The service
The Polarisy Studio app lets you create a business profile, games, offers and ads, upload images and validate offers redeemed by users, notably by scanning a QR code. Polarisy provides a technical tool and an introduction between the parties, but is not a party to the relationship between the Merchant and users.
4. Subscription and payment
Creating games, offers and ads is free of charge. Only making an ad visible to users of the Polarisy app requires a subscription: the subscription includes the visibility of one ad, and the Merchant may, if they wish, make further ads visible at the same time by adding capacity, which they may add or remove themselves at any time according to their needs. The subscription includes a thirty-day free trial, which each professional may use once. The price, duration and payment terms of the subscription and of any additional capacity are shown in the Polarisy Studio app before the Merchant commits, and they are only bound once they have confirmed the subscription. Payment is handled by a secure payment provider and an invoice is made available to the Merchant. As the company benefits from the VAT exemption regime, prices are stated without VAT.
The subscription renews automatically once the trial ends and then at the chosen interval, until the Merchant cancels it. They may cancel at any time, the cancellation taking effect at the end of the period already paid, which is not refunded; no ad then remains visible. Adding capacity is billed immediately, prorated for the current period; removing it only takes effect, without refund, at the next renewal. Polarisy may change its prices with at least thirty days' notice, and the Merchant may then cancel free of charge before the new price takes effect.
5. Merchant commitments
The Merchant agrees to honor the offers and rewards they publish, under the announced conditions of validity, stock and terms. They agree to publish lawful and fair offers, games and prizes, compliant with consumer, advertising and gaming law, which notably means that no purchase may be required to participate and that no unauthorized lottery may be run.
They refrain from offering prohibited or regulated products, such as alcohol, tobacco or gambling, without complying with the law. They warrant that they hold the rights to the content they upload, such as their logos, photos and texts, and agree not to cheat, not to abuse the points system and not to use users' data for other purposes.
6. Content and license
The Merchant keeps their rights in their content and grants Polarisy a non-exclusive, worldwide license, limited to the duration of the subscription, to host, display and distribute it in the app and on the website. Polarisy may remove content that is manifestly unlawful or contrary to these terms.
7. Personal data
Polarisy is the controller for the data of the app's users, described in the Privacy Policy. The Merchant receives aggregated statistics and, when an offer is redeemed, an identifier or a QR code that lets them validate the offer without identifying the user. They agree to use this information only for that purpose and to comply with the applicable data protection rules. For the data of their own account and subscription, Polarisy is the controller.
8. Availability and liability
Polarisy strives to keep the service available without guaranteeing that it will never be interrupted. To the extent permitted by law, its liability is limited to direct and foreseeable damage and cannot exceed the amount paid by the Merchant over the previous twelve months.
Polarisy is not responsible for the Merchant's offers, their consequences or disputes between the Merchant and their customers. The Merchant indemnifies Polarisy against any third-party claim related to their content or their offers.
9. Term and termination
These terms apply for as long as the Merchant's account exists. The Merchant may delete their account at any time, following the deletion procedure, after honoring the offers already redeemed. Polarisy may suspend or terminate an account in case of serious breach, with fifteen days' notice, except in urgent cases or fraud.
10. Changes
Polarisy may change these terms with reasonable notice given by email or in the Polarisy Studio app.
11. Governing law
These terms are governed by French law. Failing an amicable agreement, disputes fall under the commercial court of Thonon-les-Bains.
12. Contact
For any question, write to us at contact@polarisy.com.