Terms & Policies

Last updated: September 2, 2026

SaaS License Agreement

This document constitutes a Software License Agreement (hereinafter referred to as the “Agreement”) granted by THE GROWTH TEAM, a simplified joint stock company with a capital of 12 558,60 euros, whose registered office is located at 15, Rue Raynouard, 75016 PARIS, registered under the unique identification number 877 641 365 in the Paris Trade and Companies Register, represented by David Dokes, as President, duly authorized for that purpose (hereinafter referred to as " THE GROWTH TEAM" or the "PROVIDER") to any natural or legal person wishing to use the Software (hereinafter referred to as the “CLIENT” or “You”), collectively referred to as “the Parties” or individually as “Party”.

The CLIENT is informed that the use of the Software is conditional upon acceptance of this Software License Agreement which contains all necessary and useful information to enable him/her to commit in full knowledge of the facts. Accordingly, the mere use of the Software constitutes acceptance by the CLIENT of the entirety of the terms and conditions of this Agreement.

PREAMBLE

THE GROWTH TEAM is a software publisher that develops proprietary solutions whose licenses are marketed to its customers in the form of Software as a Service (hereinafter "SaaS"), which refers to the way in which the functionalities of a software solution are made available remotely, using Internet technologies and accessible via the Internet network. THE GROWTH TEAM has developed Polar Analytics, a software enabling the Client to manage its e-commerce data by offering a solution to centralize the different marketing channels, calculate and help monitor Key Performance Indicators (hereinafter the "Software").

HAVING REGARD TO THE AFORESAID, IT IS AGREED AS FOLLOWS:

ARTICLE 1 – DEFINITIONS

"Authorized Use": refers to the authorized use of the License by the CLIENT as defined in section 6 of the Agreement.

“Connectors” (or “Data Connectors”): refers to connector, like application programming interface, that enable to source data, such as online advertising platform, emailing software, web analytics service, which CLIENT might use in order to compute its marketing data. For example, Shopify, Google Analytics, Prestashop, Facebook Ads, etc. The list of available Connectors is accessible at https://www.polaranalytics.co/connectors

"Data": refers to all information created, acquired, aggregated, or archived by or for the CLIENT, including personal data processed via the Software, as well as the results of processing carried out on the basis of such data via the said Software. The Data also refers to the data communicated by the CLIENT relating to its activities, know-how, etc. These data are confidential and are the exclusive property of the CLIENT for the data concerning him.

"License": refers to the license as described in section 5 of the Agreement.

"Object Code": refers to the series of machine-readable instructions (executable program) that are intended to be directly executed by a computer after appropriate processing and linking but without the compilation or assembly steps.

“Support Assistance”: refers to the support provided by the PROVIDER team with commercially reasonable efforts. This technical assistance is provided through Email, Intercom or Slack depending on the Pricing plan selected

"Software" means the Software described in the Preamble of this Agreement, including all new versions, updates and modifications that may be developed after the date of signing the Agreement. By new versions and updates, we mean any improvements or evolutions of the existing functionalities of the Software, any corrections made to the Software. Software is accessible through a dashboard.

"Source Code": includes for the Software (i) a complete presentation of operations and instructions, expressed in an advanced language that is understandable to a computer professional, (ii) the procedures and methods used to achieve this result and (iii) all the technical documentation attached to the Software.

“Stores”: refer to a Shopify or Prestashop store as defined by a unique store url (Note: 1 brand can have multiples stores for multiple countries served)

“Subscription Process”: refers to the online process enable the CLIENT to subscribe to the SaaS.

“Visit”: refers to monthly sessions calculated by Google Analytics and showcased in Polar Analytics by “Visits” KPI under Key Indicators section.

ARTICLE 2 - CONTRACTUAL DOCUMENTS

The rights and obligations of the Parties relating to the subject matter hereof shall be governed by the provisions of the Agreement, which shall include the body of this Agreement, as well as the schedules hereafter listed.  The body of the Agreement should prevail over the others. Any modification of the Agreement shall be the subject of a written amendment agreed by mutual agreement between the Parties.

The Agreement expresses the entire agreement of the Parties as to its purpose. It replaces any previous agreements, declaration, negotiation, commitment, communication, oral or written, or any general conditions of the CLIENT or the PROVIDER, regardless of the time and/or medium of their communication.

ARTICLE 3 – PURPOSE

The purpose of the Agreement is to specify the terms and conditions under which the PROVIDER makes available to the CLIENT a License to use the Software.

ARTICLE 4 – DURATION

The Agreement takes effect upon the acceptation date of the terms and conditions provided herein for a term of 1 (one) month or 12 (twelve) months according to the choice made by the CLIENT during the Subscription Process, from the date of expiration of the Evaluation Period when applicable (“Initial Subscription Period”).

At the end of the term, the Agreement may be tacitly renewed (“Renewal Subscription Period”), unless one of the Parties terminates the Agreement by email sent to the other Party at least 5 (five) days before the end of the term or each renewal deadline.

If the CLIENT, subscribed to a free trial, the Agreement shall take effect upon acceptation of the free trial by following the terms of Article 5.

ARTICLE 5 – FREE TRIAL

When the CLIENT subscribes for a free trial ("Trial Account"), the PROVIDER will make the Software available to the CLIENT on a trial basis free of charge for seven (7) days (the “Evaluation Period”) from the effective date of this subscription. If, at the end of the Evaluation Period, the CLIENT does not sign up for a paid subscription of the Services, the Agreement will automatically terminate unless COMPAGNY agrees, in its sole discretion, to extend the Evaluation Period. Additional terms and conditions may appear on the registration website for a Trial Account and any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.

ALL TRIAL ACCOUNTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. TRIAL ACCOUNTS MAY BE SUSPENDED, TERMINATED, OR DISCONTINUED AT ANY TIME AND FOR ANY REASON (OR NO REASON). THE PROVIDER DISCLAIMS ALL OBLIGATION AND LIABILITY UNDER THE AGREEMENT (INCLUDING LIABILITY OTHERWISE PROVIDED FOR UNDER ARTICLE 11 (LIMITATION – INSURANCE) FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A TRIAL ACCOUNT, AND ANY CUSTOMIZATIONS MADE TO A TRIAL ACCOUNT BY OR FOR SUBSCRIBER, MAY BE PERMANENTLY LOST IF THE TRIAL ACCOUNT IS SUSPENDED, TERMINATED, OR DISCONTINUED.

ARTICLE 6 - USER LICENSE

In exchange for payment of the license fees, or, for a Trial Account, upon acceptance of this Agreement, the PROVIDER grants the CLIENT a non-exclusive, non-transferable right to use the Software in SaaS mode, 24/7 (except for planned maintenance or external outages beyond the PROVIDER’s control), for the duration of this Agreement in return for payment under Appendix 1.

The Software remains on the PROVIDER’s infrastructure; no copy is provided to the CLIENT in any form or medium. Appendix 1 describes current pricing and options.

In this respect, the CLIENT agrees to:

1. Use the Software only for its own internal business needs, ensuring any authorized user complies with these terms.

2. Not modify, transfer, or distribute the License; not correct errors on its own, disassemble, compile, decompile, reverse-engineer, or translate the Software; not separate any component from the Software or sublicense the Software.

3. Make copies of the Software only to load, display, run, or store the object code as authorized.

ARTICLE 7 - OBLIGATIONS OF THE PARTIES

7.1. OBLIGATIONS OF THE PROVIDER

• Make the Software available according to the terms of this Agreement.

• Promptly inform the CLIENT of any events that could compromise proper performance.

• Maintain and update the Software as needed for proper functionality (no guaranteed specific SLA unless included in a specific plan).

7.2. CLIENT COOPERATION

• The CLIENT shall cooperate actively and loyally, providing any elements or documents necessary for performance under this Agreement.

• The CLIENT shall pay applicable monthly or annual license fees (excluding Trial Accounts), in accordance with Appendix 1.

7.3 NON-COMPETITIVE USE

1. Prohibited Uses

The CLIENT agrees not to use the Software or any information derived from it for:

• Developing, enhancing, or supporting a competing product or service.

• Competitive analysis, benchmarking, or intelligence gathering.

• Reverse-engineering the Software’s features or functionality.

2. Representation and Warranty

The CLIENT represents and warrants that:

• It is not a direct competitor of THE GROWTH TEAM.

• It will not use the Software for competitive analysis or product development.

• It has truthfully disclosed its intended use of the Software.

3. Remedies

• Any violation of this section is a material breach of the Agreement.

• THE GROWTH TEAM may terminate services immediately upon discovery of competitive use.

• THE GROWTH TEAM reserves the right to seek injunctive relief and damages.

ARTICLE 8 - ASSISTANCE

Technical support is provided via email, Intercom, or Slack, depending on the selected Pricing Plan. Support does not include installation services (e.g., module activation, configuration, training, consulting), which may require separate agreements.

Any error discovered by the CLIENT that affects the Software shall be reported in writing to the PROVIDER.

ARTICLE 9 - INTELLECTUAL PROPERTY

The PROVIDER owns all intellectual property rights relating to the Software (including accompanying documentation, updates, old/current/future versions, and any developments). No ownership rights transfer to the CLIENT under this Agreement.

The CLIENT shall not infringe the PROVIDER’s IP rights nor:

• Reproduce the Software in any form (except for a permitted backup).

• Modify, represent, distribute, make available, or decompile the Software, except as legally required.

• Sublicense or share the Software with third parties.

The PROVIDER guarantees the CLIENT peaceful enjoyment of the rights granted under this Agreement. The PROVIDER shall defend the CLIENT against any third-party claim alleging infringement, provided the CLIENT:

1. Notifies the PROVIDER promptly.

2. Permits the PROVIDER sole authority to defend or settle.

3. Assists the PROVIDER in any such defense.

If a court prohibits the use of the Software (in whole or part) due to an infringement claim, the PROVIDER shall, within 3 (three) months, replace or modify the relevant portion to avoid infringement.

The CLIENT, likewise, guarantees the PROVIDER that it has obtained all necessary authorizations for any elements it provides to the PROVIDER, protecting the PROVIDER from any infringement or unfair competition claims arising from such elements.

EXCEPT FOR THE ABOVE IP PROVISIONS, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS OR IMPLIED). THE PROVIDER DOES NOT WARRANT THAT ACCESS OR USE WILL BE UNINTERRUPTED OR ERROR-FREE.

ARTICLE 10 – TERMINATION

If a Party fails to perform a material obligation under this Agreement, the other Party may terminate by sending a registered letter with acknowledgment of receipt. Termination takes effect only after a formal notice to cure remains unanswered for:

10 (ten) business days for monthly subscriptions.

30 (thirty) days for annual subscriptions.

Either Party may also terminate, without liability, via written notice if:

• The other Party enters insolvency or liquidation proceedings.

• Business operations cease for any reason.

If the CLIENT fails to pay sums owed to the PROVIDER, the PROVIDER may terminate immediately upon written notice if payment is not received within the stated cure period.

Provisions on liability, IP, non-solicitation, and confidentiality survive termination.

ARTICLE 11 - LIABILITY

The CLIENT is responsible for assessing whether the Software suits its needs. The CLIENT acknowledges it received all necessary information before entering this Agreement. The PROVIDER bears no liability if the CLIENT cannot use the Software due to interconnection issues with Connectors or because of the Software’s inadequacy for particular needs.

Analytics and insights from the Software are general guidance; the CLIENT is solely responsible for business decisions. The PROVIDER is not liable for direct or indirect damages (e.g., lost profits, commercial disruption, lost data, brand harm) arising from the CLIENT’s use or inability to use the Software.

IN NO EVENT SHALL EITHER PARTY’S CUMULATIVE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT FOR THE SOFTWARE IN THE 12 (TWELVE) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY.

ARTICLE 12 - DATA PROTECTION

The CLIENT's Data and databases, whether or not containing personal data, to which the PROVIDER may have access in the performance of the Agreement, are the exclusive property of the CLIENT. These Data and databases are strictly confidential in accordance with the terms of the article "Confidentiality".

The PROVIDER shall refrain from infringing the CLIENT's property rights relating to the aforementioned Data and databases and, in this respect, shall refrain from communicating them to third parties, from reproducing them, from carrying out extractions (unless these operations are part of the services covered by the Agreement or following an express and prior request by the CLIENT), or from infringing the security of the processing of these Data.

In general, the PROVIDER shall maintain and comply with adequate technical security measures to protect the CLIENT's Data, to which the PROVIDER may have access in the performance of the Agreement, against any accidental or unlawful destruction or accidental loss, damage, alterations, disclosure or unauthorized access, in particular when the processing involves the transmission of data or databases over a network, and against any other form of unlawful processing.

To the extent PROVIDER processes any CLIENT Personal Data (as defined in Appendix 2) contained in CLIENT Data on behalf of CLIENT, the terms of the Data Processing Addendum which are incorporated in Appendix 2 by reference, will apply and the parties agree to comply with such terms.

ARTICLE 13 - FORCE MAJEURE

The Parties shall not be held liable for any breach of any of their obligations under the Agreement resulting from the occurrence of an event of force majeure, as defined by the case law of the French courts. In this case, the obligations of the Parties shall be suspended from the notification of this exonerating cause by one of the Parties to the other Party until its termination.

To the extent that such circumstances continue for a period of more than 1 (one) month, the Parties agree to enter into discussions with a view to amending the terms of their respective commitments.

If no agreement or alternative is possible, these commitments may then be terminated by the Party whose obligations are not affected by the event of force majeure, without damages, by simple written notification by registered letter with acknowledgement of receipt, without compensation or notice.

ARTICLE 14 – CONFIDENTIALITY

Each of the Parties acknowledges that they will communicate to each other (and to their officers, employees, consultants and subcontractors who may have a direct need to know such information) (together the "Authorized Persons") certain technical, commercial, financial or other information relating to their respective activities, as well as the Agreement and all its Annexes and amendments, whether such information has been delivered in writing, orally or by any other means (the "Confidential Information") under the Agreement.

In order to protect the confidentiality of the Confidential Information, each Party agrees, under the terms of the Agreement, to:

- maintain the Confidential Information in absolute confidentiality and not to disclose it to any third party to the Agreement (other than Authorized Persons), subject to the prior written consent of the Party that owns the Confidential Information concerned;

- use the Confidential Information only in the context of the Agreement, and therefore to refrain from any other use, directly or indirectly, in any form whatsoever, either for itself or on behalf of any third party;

- ensure that Authorized Persons to whom all or part of the Confidential Information has been communicated, are informed by that Party of the obligations under the Agreement relating to such Confidential Information;

- return, at the request of either Party, any Confidential Information in its possession, and destroy any copies of any Confidential Information in its possession (however, this obligation does not extend to documents or reports prepared on the basis of the Confidential Information or incorporating certain Confidential Information, provided that such documents and reports remain confidential under the conditions stipulated in the above paragraphs).

Provided that the obligations referred to in the above paragraphs shall not apply to Confidential Information provided by a Party which:

- have fallen into the public domain at the time of their communication or subsequent to their communication, provided, in the latter case, that such communication is not the result of a breach of confidentiality by the Party having had knowledge of the Confidential Information concerned;

- were known by the other Party in a legitimate and peaceful manner, prior to the date on which such Confidential Information was communicated to it;

- shall be provided by the other Party pursuant to any applicable law or regulation or at the request of any supervisory or regulatory body, administration or courts;

- are legitimately obtained by the Receiving Party from a third part which, by making such disclosure, does not breach any obligation of confidentiality;

- are developed autonomously by the Receiving Party;

- are disclosed by the disclosing Party to a third party without any obligation of confidentiality;

This obligation of confidentiality applies for the entire duration of the Agreement and for a period of two (2) years upon expiry or termination of the Agreement, for any reason whatsoever.

The Provider will respond with data requests within 72 hours and you may ask for data to be permanently deleted, with written confirmation after it is completed.

ARTICLE 15 - PRICES

The CLIENT shall pay the amounts stated in the contract as the agreed-upon price for the services provided. These amounts are monthly or annual fees for licenses, depending on various conditions, such as the number of visits, orders, the level of data accuracy and specific features the CLIENT wishes to have.

Any amount unpaid on the due date shall bear interest for late payment, subject to prior formal notice to pay, sent by registered letter with acknowledgement of receipt, which shall remain without effect for a period of 5 (five) working days following its receipt, at the rate of 3 (three) times the legal interest rate in force on the due date.

More generally, any supply or service not expressly defined in the Agreement will be invoiced under the terms of the amendment governing it.

In general, the CLIENT shall not reimburse any expenses incurred by the PROVIDER under the Agreement without his express prior written consent.

The PROVIDER remains free to change the agreed-upon price, as well as the structure and modalities of its pricing if and only if the PROVIDER informs the CLIENT 60 (sixty) days prior to the Renewal Subscription Period. Such change cannot occur during the ongoing subscription period.

When using the online payment service, the PROVIDER may use the services of the company Stripe. To this end, the CLIENT authorizes the PROVIDER to transmit personal data to its partner, like CLIENT details (Name, registration date), and any other documents or information relating to our regulatory obligations in the fight against money laundering and terrorist financing. Stripe's general terms and conditions and privacy policy are available at: . Stripe Ltd. is authorized by the Financial Conduct Authority (FCA) as a payment institution in accordance with the Payment Services Regulations 2009. FCA reference is FRN 580343.

ARTICLE 16 - NON-SOLICITATION

The CLIENT expressly refrains from soliciting, with a view to hiring or subcontracting, any employee of the PROVIDER, for the entire duration of the Agreement and the 12 (twelve) months following its termination, regardless of the cause. This prohibition also applies during the 12 (twelve) months following the end date of an employee's employment contract, regardless of the cause. In the event of an infringement of this prohibition, following a poaching and/or an offer made, the defaulting Party shall be required to pay the other Party, as a penalty clause, a lump-sum indemnity equal to 12 (twelve) times the last gross monthly salary of the requested person, plus the costs incurred in recruiting a replacement.

ARTICLE 17 - GENERAL PROVISIONS

Transfer. No change in the legal form of either Party and/or in the capital structure of either Party, including change in corporate form, merger, takeover or change of control, may affect the performance of the Agreement.

No waiver. The absence of sanction by one of the parties of a breach of a provision of this Agreement or failure to comply with the time of performance of an obligation to perform does not mean that it waives its right to sanction any prior or subsequent breach of the same or any other provision.

Notifications. All notices required to be given to either Party under this Agreement shall be in writing and delivered by hand during normal business hours or by registered mail with return receipt during normal business hours to the respective addresses indicated on the cover page of this document, which the Parties shall choose for the delivery or sending of notices, communications or legal proceedings arising under this Agreement. The Parties shall have the right to replace such address with another physical address, which shall take effect 30 (thirty) days after the other Party has been given written notice.

Applicable law and dispute resolution. This Agreement is subject to French law and the competent courts of Paris. Before any litigation is taken, the Parties shall seek, in good faith, to settle amicably their disputes relating to the validity, performance and interpretation of the Agreement. The Parties shall meet to discuss their points of view and make any relevant findings to enable them to find a solution to the conflict between them. The Parties shall endeavor to reach an amicable agreement within thirty (30) days of notification by one of them of the need for an amicable agreement by registered letter with acknowledgement of receipt.

APPENDIX 1: FINANCIAL CONDITIONS OF THE SERVICE

Pricing Philosophy
Polar's pricing is designed to align value, cost, and strategy. The PROVIDER's commercial model rests on three principles: platform consolidation (a single platform that replaces multiple point solutions across BI, attribution, AI agents, and data activations), beating point solutions at the single-product level so the CLIENT can expand across the platform over time, and scaling with outcomes - because larger brands realize larger absolute gains from the same decisions, pricing scales with GMV while staying fair across brand sizes.

Base Plans
By default, CLIENTs are subscribed to the Core Plan. The Core Plan is built on the Polar Data Platform and includes a curated bundle of products on top of it.

The Polar Data Platform
The Polar Data Platform is what makes Polar a full-stack data platform. The output delivered to the CLIENT is a dedicated, fully-managed Snowflake database, owned by the CLIENT, containing both raw data from connected sources and a transformed schema with pre-computed master tables, aggregated metrics, contribution margin, net sales, and other ready-to-use ecommerce tables. The CLIENT does not need to maintain connectors or build a computation layer.

The Data Platform includes:

- A dedicated Snowflake database (the CLIENT holds the keys)
- An ecommerce semantic layer with 400+ pre-built metrics, designed so AI agents return reliable, non-hallucinated answers
- 40+ commerce connectors (key ones like Shopify, Klaviyo, or Meta are built and maintained by the PROVIDER), others are powered by Fivetran or Airbyte
- The Polar Pixel for first-party data collection and multi-touch attribution
- Custom roles and permissions, unlimited users, and unlimited historical data
- Intraday refresh (15-minute refresh cadence), SQL access, Google Sheets mirroring,

Optional Data Platform add-ons available on any plan: Custom connectors. Custom connectors are priced via custom quote (one-off) based on the CLIENT's total plan value.

Products bundled in the Core Plan

Business Intelligence.
Turns analytics, alerts, and reporting into business decisions. Includes the dashboard library, custom reporting, multi-touch attribution via the Polar Pixel, Ask Polar AI, goal tracking, and alerts and scheduled reports. Connects to the full Polar Data Platform out of the box.

Polar Headless MCP (AI Agents).
A governed data layer that AI agents can trust. Provides an MCP-native interface compatible with Claude, ChatGPT, Lovable, n8n, and other agentic tools, plugged directly into the dedicated Snowflake warehouse and semantic layer. Supports custom metrics and dimensions.

Klaviyo Audiences (Data Activations).
Captures lost audiences that Klaviyo cannot track natively. Identifies missed abandonment events (browse abandonment, add to cart) to re-engage net-new shoppers and drives incremental email revenue from existing automations.

Advertising Signals (Data Activations).
is Sends conversion events directly to Meta Ads and Google Ads via their respective Conversion APIs, including custom event configuration. Available exclusively as part of the Core Plan or as a Custom Plan add-on for brands with $10M+ annual GMV, and includes solution-engineering setup with the CLIENT.

Support included with every plan
All CLIENTs receive live chat customer support and access to the in-app helpdesk.

Higher-tier support is included based on plan size:
- Dedicated Success Manager and dedicated Slack channel: included for plans of annualized contract value of $10,000 and above
- Dedicated Solution Engineer: included for plans with annualized contract value of $20,000 and above

GMV-Based Pricing
The Core Plan is GMV-based, calculated on the CLIENT's impacted GMV. If the CLIENT's team uses Polar only for online data (e.g., a digital or e-commerce team), pricing is based on online GMV only, even if the CLIENT operates significant retail or other offline channels. Pricing is computed in the CLIENT's local currency using the applicable GMV bracket; the subscription may be billed in a different settlement currency as specified in the Order Form. Core Plan pricing starts at $750/month for brands with annual impacted GMV under $5M and scales upward with each GMV bracket per the then-current rate card.

Custom Plan
CLIENTs can opt into a Custom Plan, a personalized data stack assembled from any combination of the products below. All Custom Plan products run on the Polar Data Platform described above. Pricing for each product is GMV-based for recurring components and per-test where applicable, confirmed in the Order Form.

Business Intelligence.
Turns analytics, alerts, and reporting into business decisions. Includes the dashboard library, custom reporting, multi-touch attribution via the Polar Pixel, Ask Polar AI, goal tracking, alerts and scheduled reports, and unlimited connectors from the supported integrations catalogue.

Polar Headless MCP (AI Agents).
A governed data layer that AI agents can trust. Provides an MCP-native interface compatible with Claude, ChatGPT, Lovable, n8n, and other agentic tools, plugged directly into the dedicated Snowflake warehouse and Polar semantic layer with 400+ pre-built ecommerce metrics. Supports custom metrics and dimensions.

Klaviyo Audiences (Data Activations).
Captures lost audiences that Klaviyo cannot track natively. Identifies missed abandonment events (browse abandonment, add to cart) to re-engage net-new shoppers and drives incremental email revenue from existing automations.

Advertising Signals (Data Activations).
Sends conversion events directly to Meta Ads and Google Ads via their respective Conversion APIs, including custom event configuration. Available as a Custom Plan add-on for brands with $10M+ annual GMV; includes solution-engineering setup with the CLIENT.

Incrementality Testing.
Validates which marketing efforts actually drive sales. Includes a dedicated data scientist, lift tests across Meta, Google, TikTok, and TV campaigns, impact testing across Shopify, Amazon, and retail channels, and reports with actionable recommendations. Available for brands above $10M annual GMV, priced per test.

Personas (delivered with Faraday).
Per-customer enrichment with one-off or continuous monthly delivery. Includes demographic enrichment, up to 1,500 lifecycle traits per profile, AI-powered persona segmentation, and lifecycle trait syncing to Klaviyo and Meta for activation. Enrichment is valid for up to one year per customer.

Pricing Models
By default, plans are priced on a GMV-based bracketed model anchored on the CLIENT's annual impacted GMV. As an alternative, the PROVIDER may offer a flat-price contract based on a contracted total GMV (TGMV) commitment for the term, with the flat fee, the committed TGMV, and any true-up mechanism set out in the Order Form. The selected model is confirmed during the Subscription Process or Order Form. Pricing is denominated in the CLIENT's local currency based on the applicable GMV range.

Preferred Pricing
Annual Prepaid: brands who pay 10 months upfront receive 12 months of service.

Pricing Changes
The PROVIDER may revise its rate card from time to time. Pricing terms agreed in an executed Order Form are honored for the duration of that Order Form's term. Pricing changes affecting new Order Forms, renewals, or plan upgrades will be communicated to the CLIENT with reasonable notice.

Billing and Payment Terms
The default subscription term is month-to-month, billed monthly via Stripe, unless an Annual Prepaid or longer-term plan is selected on the Order Form. The CLIENT may upgrade or downgrade upon mutual agreement at any renewal or as otherwise provided in the Order Form. Month-to-month subscriptions may be cancelled by the CLIENT before the next monthly bill date and remain active through the end of the then-current paid period. Annual or multi-year subscriptions remain payable for the duration of the committed term per the Order Form.

All prices exclude applicable taxes, duties, and similar government charges, which are the CLIENT's responsibility. Payments occur via Stripe; additional charges may apply per Stripe's terms.

APPENDIX 2: DATA PROTECTION AND SECURITY MEASURES

  1. Ownership and Confidentiality of Client Data: All Client data and databases, including any containing personal data, to which the Provider gains access during the execution of the Agreement, shall remain the sole and exclusive property of the Client. This data and databases shall be considered confidential under the terms of the "Confidentiality" article in the Agreement.
  2. Restrictions on Provider's Use of Data: The Provider will not infringe upon the Client's proprietary rights regarding the aforementioned data and databases. Specifically, the Provider will not disclose this data to third parties, reproduce it, extract it (unless these activities are part of the services covered by the Agreement or are done following an express prior request from the Client), or breach the security measures in place for processing this data.
  3. Technical Security Measures: The Provider will maintain and adhere to adequate technical security measures to safeguard the Client's data from accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access, and any other form of unlawful processing. These security measures apply especially during the transmission of data over a network.
  4. Data Processing Addendum: If the Provider processes any Client Personal Data contained within the Client's Data on behalf of the Client, the terms of the Data Processing Addendum, which is incorporated into this Appendix by reference, will apply. Both parties agree to comply with these terms.

Please note that "Client Personal Data" will be defined in the Data Processing Addendum.

All data handling procedures will adhere to applicable local and international data protection laws and regulations, to ensure the maximum possible protection of the Client's data

Data Protection Agreement (DPA)

This Data Protection Agreement (“DPA”) forms part of the Agreement entered into by and between Polar and the Customer (as defined in the Agreement) (each a “Party” and together the “Parties”) and applies where, and to the extent that, Polar processes Personal Data as a Controller as well as a Processor for Customer when providing Services under the Agreement.

Unless otherwise specified in this DPA, the terms of the Agreement shall continue in full force and effect. All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement or the meaning given to them in the “Data Protection Laws”, which refers to the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (“GDPR”), as well as any other applicable laws, regulations, directives, or mandatory recommendations.

“Polar” means the Polar entity that is party to the Agreement, being either (i) Polar Analytics, Inc., a Delaware corporation with registered office at 121 W 36th, New York, NY 10018 (“Polar US”); or (ii) The Growth Team SAS, registered in France under SIREN 877 641 365, with registered office at 50 avenue des Champs Elysees, 75008 Paris (“Polar EU”). All obligations of Polar under this DPA are obligations of the contracting Polar entity identified in the Agreement.

Any privacy or data protection related clauses or agreement previously entered into by Polar and Customer, shall be superseded and replaced with this DPA.

PART 1 – POLAR AS INDEPENDENT CONTROLLER

To the limited extent Polar Processes Personal Data for its own purposes such as managing and securing Customer’s account, providing support, billing, improving and promoting its Services, ensuring the security and integrity of its Services, and complying with its legal obligations, Polar acts as an independent Controller and Processes such Personal Data in accordance with Data Protection Laws and its Privacy Policy.

In this respect the Parties act as separate and independent Controllers, each responsible for its own compliance; they are in no event Joint Controllers or Processors of one another, and neither Party gives the other instructions as to how to Process Personal Data under this Part 1. Any restricted transfer of Personal Data between the Parties acting as independent Controllers is governed by Section 3 of Part 2 and Appendix 2.

PART 2 – POLAR AS PROCESSOR

1. Purpose

This Part applies where Customer acts as a Controller and Polar acts as a Processor. Polar Processes Personal Data on behalf of Customer solely to provide the Services, in accordance with Customer’s documented instructions as set out in Appendix 1.

2. Parties obligations

2.1. Customer shall:

a. use the Services in compliance with Data Protection Laws;

b. ensure all instructions given by it to Polar in respect of the Processing of Personal Data are at all times in accordance with Data Protection Laws;

c. ensure that all Personal Data provided to Polar has been collected in accordance with Data Protection Laws and that Customer has all authorizations and/or consents necessary to provide such Personal Data to Polar; and

d. keep the amount of Personal Data provided to Polar to the minimum necessary for the provision of the Services.

2.2. Polar shall:

a. only Process the Personal Data in accordance with Customer’s documented instructions set forth in Appendix 1. Polar will promptly notify Customer if Polar reasonably believes that Customer’s instructions are inconsistent with Data Protection Laws;

b. ensure its applicable representatives who may Process Personal Data have written contractual obligations in place with Polar to keep the Personal Data confidential;

c. appoint data protection representative(s). Upon request, Polar will provide the contact details of the appointed person(s);

d. assist Customer as reasonably needed to respond to requests from supervisory authorities, Data Subjects, or others to provide information related to Polar’s Processing of Personal Data;

e. if required by Data Protection Laws, court order, subpoena, or other legal or judicial process to Process Personal Data other than in accordance with Customer’s instructions, notify Customer without undue delay of any such requirement before Processing the Personal Data (unless mandatory applicable law prohibits such notification, in particular on important grounds of public interest);

f. maintain records of the Processing of any Personal Data received from Customer under the Agreement;

g. provide such assistance as Customer reasonably requires in order to meet any applicable filing, approval or similar requirements in relation to Data Protection Laws;

h. provide such information and assistance as Customer reasonably requires (taking into account the nature of Processing and the information available to Polar) to enable compliance by Customer with its obligations under Data Protection Laws with respect to:

i. security of Processing;

ii. Data Protection Impact Assessments;

iii. prior consultation with a supervisory authority regarding high-risk Processing; and

iv. notifications to the applicable supervisory authority and/or communications to Data Subjects by Customer in response to any Data Breach.

i. on termination of the DPA for whatever reason, cease to Process Personal Data, and upon Customer’s written request and without undue delay, (i) return, or make available for return, Personal Data in its possession or control, or (ii) securely delete or permanently render unreadable or inaccessible existing copies of the Personal Data; unless continued retention and Processing is required or is permitted by Data Protection Laws and/or mandatory applicable law. At Customer’s request, Polar shall give Customer confirmation in writing that it has fully complied with this Section 2.2 (i) or provide a justification as to why such compliance is not feasible.

3. Transfers of Personal Data

Personal Data is stored and processed primarily in the United States and in the European Union.

3.1 Where Customer, acting as Controller, is established outside the EEA and contracts with Polar US, the transmission of Personal Data by Customer to Polar and its US-based infrastructure does not constitute a transfer subject to Chapter V of the GDPR, and no GDPR transfer mechanism is required in respect of that flow.

3.2 Where the Processing is subject to the GDPR (in particular where Customer contracts with Polar EU or is established in the EEA), Customer acknowledges and agrees that Personal Data may be Processed in the United States through Polar’s Subprocessors, and Polar shall ensure that an appropriate transfer mechanism is in place for each such Subprocessor in accordance with Section 4.3.

On request, Polar shall provide Customer with the information Customer reasonably needs to meet its own transparency and record-keeping obligations in respect of such Processing.

4. Subprocessing

4.1. A list of Polar’s current Subprocessors is set forth in Appendix 3

4.2. Polar shall not subcontract its obligations under this DPA to new Subprocessors, in whole or in part, without providing Customer with notice (for example, by publishing this information on Polar’s platform or by email) and an opportunity to object. The Customer may object by registered letter with acknowledgement of receipt if (i) the Subprocessor is a competitor of the Customer, (ii) the Customer and the Subprocessor are in a pre-litigation or litigation situation, and (iii) the Subprocessor has been convicted by a data protection supervisory authority within one year of its recruitment by Polar. Each of these situations must be demonstrated. In the absence of an undertaking by Polar to appoint a new Subprocessor within three months from receiving the objection, the Customer may terminate the Agreement subject to prior notice of three (3) months and without compensation.

4.3. Polar undertakes to only use Subprocessors with necessary and sufficient safeguards to ensure the security and confidentiality of the Customer’s Personal Data. Where Polar appoints a Subprocessor, Polar will execute a written agreement containing terms at least as protective as this DPA.

4.4. Polar shall be liable for the acts or omissions of Subprocessors to the same extent it is liable for its own actions or omissions under this DPA.

5. Rights of Data Subjects

Polar shall, to the extent legally permitted, promptly redirect the Data Subjects to send their requests to the Customer or notify Customer if it receives a request from a Data Subject for access to, rectification, portability, objection, restriction or erasure of such Data Subject’s Personal Data. Unless required by Data Protection Laws, Polar shall not respond to any such Data Subject request without Customer’s prior written consent except to redirect the Data Subject to the Customer. Polar shall provide such information and cooperation and take such action as the Customer reasonably requests in relation to a Data Subject request.

6. Security

Polar shall implement and maintain appropriate technical and organizational measures designed to protect the Personal Data as set forth in the Security Measures in Appendix 4. Polar regularly monitors compliance with these Security Measures.

7. Audit

7.1. Customer shall have the right to carry out an audit in the form of a written questionnaire once a year to verify Polar’s compliance with this DPA. The questionnaire may be transmitted in any form to Polar, who undertakes to reply to it within a maximum of two (2) months following its receipt.

7.2. Customer shall also have the right to carry out an on-site audit, at its own expense, once a year only in the event of a proven data breach or non-compliance with the applicable Data Protection Laws and this DPA, including as established by the written questionnaire. An on-site audit may be conducted either by Customer or by an independent third party appointed by Customer and must be notified to Polar in writing at least thirty (30) days prior to the audit. Polar shall have the right to refuse the choice of the independent third party if the latter is i) a competitor or ii) in pre-litigation or litigation with it. In this case, Customer undertakes to select a new independent third party to carry out the audit. Polar may refuse access to certain areas for confidentiality or security reasons. In this case, Polar shall carry out the audit in these areas at its own expense and report the results to Customers. In the event of any discrepancy during the audit, Polar undertakes to implement, without delay, the necessary measures to comply with this DPA.

8. Notification and Communication

8.1. Polar shall notify Customer within 48 hours of confirmation of a Data Breach relating to Customer’s Personal Data. Polar shall provide all such timely information and cooperation as Customer may reasonably require in order for Customer to fulfil its Data Breach reporting obligations under (and in accordance with the timescales required by) Data Protection Law. Polar shall further take such measures and actions as it considers necessary or appropriate to remedy or mitigate the effects of the Data Breach and shall keep Customer informed in connection with the Data Breach.

8.2. Except as required by mandatory applicable law, Polar agrees that it will not inform any third party of a Data Breach referencing or identifying the Customer, without Customer’s prior written consent. Polar shall reasonably cooperate with Customer and law enforcement authorities concerning a Data Breach. Polar shall retain, for an appropriate period of time, all information and data within Polar’s possession or control that is directly related to any Data Breach. If disclosure of the Data Breach referencing or identifying the Customer is required by mandatory applicable law, Polar will work with Customer regarding the timing, content, and recipients of such disclosure.

8.3. Polar shall reasonably cooperate with Customer in any post-incident investigation, remediation, and communication efforts.

8.4. If Polar receives any official complaint, notice, or communication that relates to Polar's Processing of Personal Data or either Party's compliance with Data Protection, to the extent legally permitted, Polar shall promptly notify Customer and, to the extent applicable, Polar shall provide Customer with commercially reasonable cooperation and assistance in relation to any such complaint, notice, or communication. Customer shall be responsible for any reasonable costs arising from Polar’s provision of assistance in relation to any official complaint, notice, or communication that relates to Customer’s compliance with Data Protection Laws.

9. General

9.1. Nothing in this DPA is intended to limit the Parties’ direct liability towards Data Subjects or applicable supervisory data protection authorities which cannot be limited under mandatory applicable law.

9.2. No one other than a Party to this DPA, their successors and permitted assignees shall have any right to enforce any of its terms.

9.3. This DPA will become effective on the effective date of the Agreement and remain in force for the term of Agreement.

APPENDIX 1 – DATA PROCESSING INSTRUCTIONS

Nature of Processing

Polar Processes Personal Data to provide the analytics and business-intelligence Services to Customer, in accordance with Customer’s documented instructions, namely to:

  • ingest and centralize Personal Data from Customer’s connected data sources;
  • collect online and event data through Customer’s store;
  • store, structure and organize the data;
  • compute metrics, KPIs, attribution, segments and cohorts, and generate dashboards, reports and AI-assisted insights;
  • make the data and reports available to Customer’s authorized users; and
  • on Customer’s instructions, build audiences/segments and sync them back to Customer’s connected tools.
Purpose

Personal Data are Processed exclusively for the performance of the Agreement and on Customer’s documented instructions, for the sole purpose of providing the Services. Polar does not determine the purposes or means of Processing under this Part 2 and does not Process the Personal Data for its own purposes.

Duration

For the term of the Agreement. Upon termination, Personal Data is returned or deleted in accordance with Section 2.2(i), unless longer retention is required by Data Protection Laws or mandatory law.

Type of Personal Data
  • Identity and contact data of Customer’s customers and prospects (name, email address, postal/billing/shipping address, phone number);
  • Order and transaction data (order history and value, products purchased, currency, discounts, refunds/returns, purchase frequency, lifetime value);
  • Online identifiers and technical data (IP address, cookie/pixel and device identifiers, cross-device/lifetime tracking ID, browser and user-agent, session, page-view and event data, referral source);
  • Marketing and engagement data (email/SMS engagement, campaign and attribution data, subscription/consent status);
  • Derived attributes (segments, cohort membership, predicted lifetime value);
  • Customer’s authorized users (name, professional email, role/permissions, login and usage logs).

The Services are not intended to Process special categories of Personal Data within the meaning of Article 9 GDPR.

Categories of Data Subjects
  • Customer’s customers and shoppers;
  • Visitors and prospects of Customer’s online store;
  • Customer’s newsletter and marketing subscribers; and
  • Customer’s authorized users and employees who access the platform.

APPENDIX 2 – INTERNATIONAL TRANSFERS

The Parties do not anticipate that the provision of the Services will require Standard Contractual Clauses to be entered into between them. Indeed, Personal Data transmitted by Customer to Polar does not constitute a transfer subject to Chapter V of the GDPR (Section 3). Transfers of Personal Data to Polar’s US-based Subprocessors are covered by the safeguards referred to in Section 4.3.

Should a restricted transfer for which Polar EU acts as data exporter from the EEA nonetheless occur, the Standard Contractual Clauses adopted by Commission Implementing Decision (EU) 2021/914 (the “SCCs”) are incorporated into this DPA by reference and completed as follows:

Modules. Module Four (processor to controller), and/or Module One (controller to controller) under Part 1, as applicable.

Optional clauses. The docking clause (Clause 7) is not used. The option for local-law dispute resolution and the optional redress clause are not used.

Annex I.A – List of Parties.

  • Data exporter: The Growth Team SAS (“Polar EU”), 50 avenue des Champs Elysees, 75008 Paris, France
    • Activity: Provision of the Services.
  • Data importer: the Customer identified in the Agreement
    • Activity: use of the Services.

Annex I.B – Description of transfer. The categories of Data Subjects, types of Personal Data, nature and purpose of the Processing, and retention period are those set out in Appendix 1. Frequency: continuous, for the term of the Agreement.

Annex I.C – Competent supervisory authority. The French data protection authority (CNIL).

Annex II – Technical and organizational measures. As set out in Appendix 4.

Annex III – List of Subprocessors. As set out in Appendix 3.

Clauses 17–18 – Governing law and jurisdiction. The law and the courts of France.

Full text of the SCCs: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj

APPENDIX 3 – SUBPROCESSORS

SubprocessorPurpose of processingLocation
Amazon Web Services, Inc. (AWS)Hosting infrastructure, compute and storageUS/EU
SnowflakeCloud data warehousing (storage of Customer Data)US
Aerospike, Inc.Caching and real-time data servingUS
Fivetran, Inc.Ingestion / integration of Customer source dataUS
OpenAI, L.L.C.Optional AI features (data not used for model training; abuse-detection retention ~30 days)US
Anthropic, PBCOptional AI features (data not used for model training; abuse-detection retention ~30 days)US
Intercom, Inc.Customer supportUS / EU
Thena, Inc.Customer support ticketingUS
Slack Technologies (Salesforce)Support / internal communications where Customer Data flowsUS
HubSpot, Inc.CRMUS
Google LLC (Google Workspace)Internal productivity tools (email, documents) processing account dataUS
GitHub, Inc. (Microsoft)CI/CD; production credentials enabling access to Customer DataUS
Stripe, Inc.Payment processing and billingUS / EU
Upflow SASAccounts-receivable managementEU
Hyperline SASSubscription billing and meteringEU

APPENDIX 4 – SECURITY

Polar takes security seriously and implements security best practices at every level.

Organizational measures :

  • Multi-factor authentication is enforced on all critical systems, including the third-party services Polar relies on;
  • Role-based access control (RBAC) governs access across Polar's infrastructure and applications, and access to Customer data through Polar's internal systems is granted on a least-privilege basis, according to role;
  • Workstations running Polar development tools are secured and kept up to date;
  • Polar employee workstations do not store Customer data;
  • No servers or security keys are kept in Polar's offices;
  • Regular penetration testing is performed by an external firm; and
  • Polar maintains a number of approved security policies, covering notably incident response, information security, access control, risk management, business continuity, disaster recovery, secure development, cryptography, asset management, physical security, third-party management, operations security, human resource security, data management, code of conduct, and GDPR compliance.

Infrastructure and data security:

  • Servers and services run the latest security updates and are patched promptly when a vulnerability is published;
  • Automated vulnerability scanning performs continuous container and infrastructure security assessment;
  • The Services are hosted and Personal Data is Processed in the United States, within Polar's Snowflake environment; transfers to Subprocessors located outside the EEA are subject to the safeguards referred to in Section 4.3;
  • The network relies on private subnets with NAT gateways and tenant-level logical isolation, ensuring logical separation per Customer account with no data crossover between tenants;
  • The network is protected by firewalls, and a web application firewall (WAF) with active rules blocks SQL injection, cross-site scripting, and bot attacks;
  • Edge network routing provides DDoS mitigation and traffic protection;
  • Abusive IP addresses are automatically banned or rate-limited;
  • Databases are backed up daily;
  • All traffic is encrypted in transit (TLS);
  • Customer CRM tokens are subject to an additional layer of encryption;
  • Server authentication uses protected SSH keys (direct password authentication is disabled);
  • API keys, database passwords, and integration tokens are stored in a managed secrets service with encryption;
  • All infrastructure API calls are logged for security and compliance; and
  • Application logs, infrastructure metrics, and automated alarms are managed through a centralized monitoring system.

APPENDIX 5 – US STATE PRIVACY LAWS ADDENDUM

This Addendum applies where US State Privacy Laws, including the California Consumer Privacy Act as amended by the California Privacy Rights Act, and comparable state laws (“US State Privacy Laws”), apply to Polar’s Processing of Personal Information on behalf of Customer. Terms such as “Business”, “Service Provider”, “Sell”, “Share” and “Personal Information” have the meanings given to them in the applicable US State Privacy Laws.

1. Customer is a Business (or acts on behalf of a Business), and Polar is a Service Provider Processing Personal Information solely to provide the Services (the “Business Purpose”).

2. Polar shall not: (a) Sell or Share Personal Information; (b) retain, use or disclose Personal Information for any purpose other than the Business Purpose or as otherwise permitted by US State Privacy Laws; (c) retain, use or disclose Personal Information outside the direct business relationship with Customer; or (d) combine Personal Information with Personal Information received from other sources, except as permitted for a Service Provider under US State Privacy Laws.

3. Polar shall provide the level of privacy protection required of a Service Provider under US State Privacy Laws and shall notify Customer without undue delay if it determines that it can no longer meet its obligations under this Addendum.

4. Customer may take reasonable and appropriate steps to ensure that Polar uses Personal Information in a manner consistent with Customer’s obligations, and to stop and remediate any unauthorized use. Polar shall assist Customer, taking into account the nature of the Processing, in responding to verifiable consumer rights requests under US State Privacy Laws.

5. The core operational, subprocessing, security, audit and breach-notification provisions of this DPA (Sections 2, 4, 6, 7 and 8 of Part 2) apply to Processing governed by this Addendum. Sections 3 of part 2 and Appendix 2 (EU/UK/Swiss transfers) do not apply to Processing governed solely by US State Privacy Laws.

Service Agreement / SLA

Preamble

Polar Analytics ("Provider") develops and commercializes the Polar Analytics software, a business intelligence and data analytics platform designed for e-commerce and retail companies.

This Service Agreement forms an integral part of the Agreement governed by the Terms of Service and applies to all Customers accessing the Platform.

This Service Agreement sets out the measures implemented by the Provider to ensure the level and quality of service expected from the Platform.

Capitalized terms and expressions have the meaning given to them in the Terms of Service, unless otherwise specified, whether used in the singular or plural.

All times stated in this document are Paris time (Central European Time, UTC+1) and any periods expressed in days refer to business days.

1. Availability

The Platform is available twenty-four (24) hours a day, seven (7) days a week, three hundred and sixty-five (365) days a year.

Access to the Platform may be interrupted for Corrective or Evolutionary Maintenance between 9:00 PM and 7:00 AM. These hours are chosen to minimize the impact of maintenance on the Customer and its Users.

If a security breach is detected at the Provider’s office or if Data is accessed accidentally or without authorization, the Provider may immediately suspend access to the Platform as of right, and shall notify the Customer no later than twenty-four (24) hours after becoming aware of the Anomaly. An action plan will then be communicated to the Customer.

2. Support

The Provider provides support by (i) responding to Users’ information and assistance requests relating to the use of the Platform and (ii) resolving Anomalies that Users have been unable to resolve despite their best efforts (the “Support”).

Before contacting the Provider’s Support, Users must first carry out an initial diagnosis and analysis, in particular using the Documentation and any other resources made available to them on the platform, including the help center at the following address (https://intercom.help/polar-app/en/)

If a User is unable to resolve an Anomaly, they may contact the Provider’s Support team as described below:

Support is available Monday through Friday, from 9:00 AM to 7:00 PM.

The Provider offers Support in French and English.

The Provider undertakes to respond to requests made to its teams as promptly as possible.

Email SupportChat Support
Maximum first-response time: 2 hoursMaximum first-response time: 2 hours

The timeframes above run from the receipt of the User’s request by the Support team. They are calculated exclusively within Support hours, namely between 9:00 AM and 7:00 PM, Monday through Friday.

3. Platform Availability

The Provider commits to providing the Customer with an availability rate of ninety-nine percent (99%).

The availability rate is calculated over a one calendar month period using the following formula:

Availability (expressed as a percentage) = 100 x [ (T-t) ÷ T ]

where:

t = number of minutes during which the Platform was unavailable during the relevant one-month period.

T = total number of minutes in the month.

The Platform is deemed unavailable when it is affected by a Blocking Anomaly, i.e. one that prevents the use of all Platform functionalities.

The following are excluded from the availability rate calculation:

  • scheduled maintenance periods as defined below;
  • service interruptions attributable to Customer, in particular due to use of the Platform that is inconsistent with its intended purpose and/or not authorized by the Provider, or due to an Anomaly within the Customer’s environment;
  • service interruptions resulting from a force majeure event;
  • service interruptions attributable to a third-party service.

4. Maintenance

Scheduled interruptions for Maintenance operations shall be carried out primarily on weekends and on weekdays between 9:00 PM and 7:00 AM.

Generally, during Maintenance periods, access to the Platform may be temporarily suspended or degraded. For any scheduled Maintenance that may affect access to the Platform and the services available on it, the Provider shall notify the Customer, by any appropriate means, fifteen (15) days in advance.

In the event of an emergency or critical Maintenance operation, the Provider reserves the right to intervene without notice. Service interruptions will be reported as soon as possible on the platform at https://polaranalytics.statuspage.io/.

5. Anomaly resolution times

The Provider undertakes to handle Anomalies within the following timeframes, which run from the time the Anomaly is reported to Support:

Anomaly categoryAnomaly acknowledgement following Customer’s reportDelivery of a fix, or failing that, a workaroundDelivery of a permanent fix
Blocking Anomaly2 hours8 hours1 day
Major Anomaly4 hours2 days2 days
Minor Anomaly8 hours5 days5 days

The timeframes above apply within Support hours.

6. Service Credits

If the availability rate set out in the “Platform Availability” section above is not met, the Customer may receive a credit against its payment obligations equal to 15% of the monthly fees, excluding taxes, for the calendar month affected by the unavailability. The aggregate amount of credits is capped at 15% of the total amount invoiced by the Provider for the current contractual period (Initial Period or Renewal Period).

Service credits may only be claimed if the Customer submits a written claim to Support within one (1) month following the calendar month during which the applicable service level was not met.

These service credits are in full and final settlement and constitute the Customer’s sole and exclusive remedy for any failure to meet the availability levels set out in this Service Agreement.

Website Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from thegrowthteam.co (the “Site”).

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.  
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.  
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.  We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at dpo@polaranalytics.co or by mail using the details provided below:

The Growth Team SAS (dba Polar Analytics)
50 avenue des Champs-Elysées, Paris, France, 75008, France

Polar Analytics Inc.
121 W 36th St. #237
New York, NY 10018
United States