Terms, Conditions and Privacy Policy
Last Updated: 28 March 2025
1. Definitions
‘Services’ refers to all products, software, simulations, reports, features and other offerings provided by Polar Dynamix, including access to our website, applications and any related support or functionality.
‘Terms‘ refers to the Terms, Conditions and Privacy Policy set forth in this document.
2. Overview
By accessing or using Services provided by Polar Dynamix, you agree to comply with and be bound by our Terms, all of which are contained in this document. Our Terms govern your purchase, use and access to our Services and outline how we collect, use and protect your personal information.
Your use of our software is subject to the licensing conditions outlined below, which define your rights and obligations, including those with regard to the activation and usage of our software, as well as our software transfer rules.
We may update this document periodically to reflect changes in our practices or legal requirements. Updates take effect as soon as they are published, and the ‘Last Updated’ date above will be revised accordingly. The then-current version will supersede all previous versions. By continuing to use our Services after updates are published, you acknowledge and accept our updated Terms.
If you do not agree to any of our updates, you must discontinue using our Services immediately. Any disputes will be resolved based on the version of the Terms in effect at the time that the dispute arose. Failure to comply with these Terms may result in the suspension or termination of your access to our Services.
3. Privacy Policy
We are committed to protecting your privacy. Through our Privacy Policy, we explain how we collect, use and safeguard your data when you use our Services. By using our Services, you agree to the Terms outlined in our Privacy Policy, which includes details regarding the information that we collect from you, how we use it, how we protect it, how and with whom we share it, and your rights.
3.1 What Information We Collect
We may collect person, technical and usage information, as well as cookies.
3.1.1 Personal Information
The personal information that we collect from you may include your name, email address, billing address, payment details and any other information that you provide to us when registering with us for an account, making a purchase from us or submitting an inquiry to us via, for example, our Contact Us form. Payments are securely processed by Paddle. That firm’s Privacy Policy applies.
3.1.2 Technical and Usage Information
We may collect some non-personal data such as general usage data, your IP address, your browser type and your device type (e.g., laptop, tablet or smartphone). Some technical identifiers such as MAC addresses may be considered personal information under certain privacy laws and will be handled accordingly.
3.1.3 Cookies
We use cookies to enhance user experience, analyze website traffic and improve our services. Cookies are small text files that are stored on your device when you visit our website. They help us to understand user behavior and optimize our services. You can manage or disable cookies through your browser settings; however, disabling cookies may affect website functionality and performance.
3.2 How We Use Your Information
We use your information to do the following:
- process payments and deliver purchased products or services
- respond to your inquiries and provide customer support
- improve, personalize and optimize your user experience with our services
- communicate important updates, offers or service-related information (with your consent where required by law)
- comply with legal obligations, enforce these Terms and resolve disputes.
3.3 How We Protect Your Information
The reasonable steps that we take to protect your personal information include encrypting sensitive data during transmission (e.g., using HTTPS), restricting access to personal data to authorized personnel, and relying on trusted third-party providers such as Paddle for secure payment processing. While we adhere to industry-standard practices to protect your data, no system can guarantee complete security against all risks. We recommend that you safeguard your account credentials to enhance security.
3.4 Sharing of Information
Although we do not sell the personal information of our clients to third parties, clients’ payment details are securely processed by Paddle, our third-party payment provider. Furthermore, we may share clients’ personal information in the following circumstances:
- with trusted partners who assist us in delivering services such as hosting and analytics
- if required by law or to protect our rights, property or safety.
3.5 User Rights
You have certain rights regarding your personal information. While these rights may vary based on your location and the applicable privacy laws, generally, you have the right to:
- request a copy of the data that we hold about you
- request that we correct inaccurate data about you
- request that we add information to your client profile if it is incomplete
- request the deletion of your data, subject to our legal obligations
- request a copy of your data in a structured, machine-readable format for transfer to another data controller
- withdraw your consent for marketing communications
- object to the processing of your data for certain purposes such as marketing.
If your have any pertinent questions or if you wish to exercise any of these rights, please contact us at via our service delivery inbox <support@polar-dynamix.com>.
4. Licensing and Software Usage
By purchasing and using our software, you are granted a non-exclusive, non-transferable license to install and use it on a single device. The license is granted for personal or business use, as applicable, and is subject to the Terms of this agreement.
License Activation
When you purchase our software, you will receive a license key that is required to activate and use it on your device. The license key is tied to the hardware configuration of the device on which it is first activated. This activation grants access to the current version of the software. Any updates or new versions may require a separate agreement or purchase, unless otherwise specified.
License Transfer
If you replace or upgrade your device, you may request to transfer your license key to the new device. To do so, please contact customer support <support@polar-dynamix.com> and provide proof of the replacement device. Each customer is allowed one (1) license transfer within a 12-month period. Additional transfers may require the purchase of a new license.
Reinstalling the software on the same device does not count as a transfer. In this circumstance, no action is required.
Updates and Software Versions
The software is provided ‘as-is’, and no updates, upgrades or new versions are guaranteed. If updates or new versions become available, clients may be required to make a separate purchase or enter into a new agreement. This limitation on updates and versions does not affect any statutory consumer rights that cannot be waived under applicable law.
5. Prohibited Uses
You are prohibited from using our Services in ways that violate applicable laws or infringe upon the rights of others, including but not limited to the following:
- Reproduction or Distribution
You are prohibited from copying, sharing or redistributing the software or any part of it in any format without our explicit written consent. - Modification or Derivative Works
You are prohibited from altering, modifying or creating derivative works of the software, including translating or localizing the product, except as explicitly permitted by applicable law. - Reselling or Sublicensing
You are prohibited from selling, leasing, licensing, sublicensing or otherwise distributing the software to third parties for any purpose, whether for profit or otherwise. - Reverse Engineering
You are prohibited from decompiling, reverse engineering, disassembling, or attempting to derive the software’s source code, except where explicitly allowed by applicable law. - Unlawful or Harmful Use
You are prohibited from using the software in any manner that violates applicable laws, infringes on the rights of others, involves harmful, abusive or unethical activities, or causes harm to others or our business. - Tampering with Security
You are prohibited from bypassing, disabling, or interfering with the software’s security features or the security features of our website or Services. - Misrepresentation of Ownership
You are prohibited from claiming ownership or misattributing the intellectual property rights of the software or related content. - Unfair Competition
You are prohibited from using the software to develop competing products or Services.
6. Consequences of Violations
If you violate any of these Terms, we reserve the right to:
- immediately terminate your access to the software and related Services without prior notice
- revoke any licenses or permissions granted under these Terms
- pursue legal action or claim damages to the fullest extent permitted by law
- report unlawful activities to the appropriate authorities.
7. Disclaimer of Warranties
Our Services are provided on an ‘as is’ and ‘as available’ basis. To the extent permitted by applicable law, we make no warranties, whether express, implied, statutory, or otherwise, with respect to the Services. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, or quiet enjoyment, as well as any warranties arising from course of dealing or trade usage. We do not guarantee that the Services will be uninterrupted, error-free or free from defects or technical issues.
You acknowledge and agree that any use of outputs from our Services is at your sole risk. You should not rely on such outputs as the sole source of truth or as a substitute for professional advice.
8. Limitation of Liability
To the extent permitted by applicable law, we will not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other losses, even if we have been advised of the possibility of such damages.
Our total liability for any claims arising under these Terms will not exceed the greater of:
- the amount you paid for the software at the time of purchase; or
- one hundred dollars ($100).
Our affiliates, suppliers, licensors and distributors are intended third-party beneficiaries of this section.
9. Indemnity
If you are a business or organization, to the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless us, our affiliates, and our personnel from and against any costs, losses, liabilities, damages, and expenses (including attorneys’ fees) arising out of or related to:
- your use of the Services and content provided by us; or
- any violation of these Terms, Conditions and Privacy Policy by you or your personnel.
10. Refund Policy
We want you to be satisfied with your purchase. However, due to the nature of Services, all purchases of these Services are final and non-refundable unless otherwise required by applicable law. Refunds are only granted if the Services do not substantially perform as advertised or demonstrated in the demo, or if required by applicable law in your jurisdiction.
By completing your purchase, you consent to the delivery of the Services as described on the Product & Pricing page. For digital or immediate access Services, delivery is immediate. For services such as reports, delivery may take up to five (5) business days. If there are any delays or backlogs, you will be notified at checkout. By completing your purchase, you acknowledge that you waive your right of withdrawal (or may lose any statutory cooling-off period, as applicable in your country) once the Services have been activated, downloaded, accessed or delivered.
Refunds will not be provided for issues caused by unsupported systems, user modifications, or third-party software or services that interfere with the proper functioning of the Services.
If you experience any issues, please contact our support team, as we are committed to resolving them.
Refund Process:
- Refund requests must be submitted within seven (7) days of purchase.
- To initiate a refund, please contact Paddle with your proof of purchase (e.g., receipt or invoice) and a detailed description of the issue.
11. Payment Information
Payments for our Services are securely processed by Paddle, our payment provider. Please note that charges for purchases will appear as ‘Paddle’ on your statements.
Payments will be processed in the currency specified at checkout and you are responsible for any applicable taxes, such as VAT or GST, based on your location. Any currency conversion fees or additional charges imposed by your bank or payment provider are your responsibility. For assistance with payment-related inquiries, please contact Paddle’s customer support.
12. Governing Law and Jurisdiction
These Terms, Conditions and Privacy Policy are governed by the laws of Thailand. Any disputes arising under or in connection with these Terms will be exclusively resolved in the courts of Thailand.
13. No Waiver Clause
Our failure to enforce any provision of these Terms, Conditions and Privacy Policy does not constitute a waiver of our right to enforce that provision or any other provision in the future. If any part of these Terms is found to be invalid or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain in full force and effect.