Polaris Digital / Terms
Polaris Digital - Terms and Conditions
Effective Date: July 17, 2025
Welcome to Polaris Digital! These Terms and Conditions ("Terms") govern your access to and use of our website, services, and products (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
1. Definitions
- "Company," "we," "us," or "our" refers to Polaris Digital.
- "User," "you," or "your" refers to the individual or entity accessing or using our Services.
- "Services" refers to our software development, web design, graphic design, and related consulting services.
- "Content" refers to any text, images, videos, audio, or other materials generated, provided, or otherwise made available by us or our users through the Services.
2. Acceptance of Terms
By accessing or using our Services, you affirm that you are of legal age to enter into these Terms, or if you are not, that you have obtained parental or guardian consent to do so. You agree that you have read, understood, and agree to be bound by these Terms.
3. Services Provided
Polaris Digital provides espoke software development, website design, graphic design, branding, and IT consulting services.
4. User Accounts
- Registration: To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate,current, and complete.
- Account Security: You are responsible for safeguarding your password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.
- Termination: We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of our Services, us, or third parties, or for any other reason.
5. Payments and Billing
- Pricing: All prices for our Services are listed on our website or provided in individual proposals. Prices are subject to change.
- Payment Terms: Payments for Services are processed via with Stripe. You agree to pay all fees and applicable taxes associated with your use of the Services in accordance with the payment terms in effect at the time the fee becomes payable.
- Billing Information: You agree to provide accurate and complete billing information. You authorize us and our third-party payment processor (Stripe) to charge your payment method for all fees incurred.
- Refunds:
- For custom development services, due to the custom nature of our design and development services, all payments are non-refundable once work on a project has commenced, or a deposit has been paid, unless otherwise explicitly stated in a signed service agreement.
- Refunds for software subscriptions may be issued within 7 days of the initial purchase, provided the software has not been substantially used. No refunds will be given after this period. Annual subscriptions are non-refundable after 30 days from the renewal date.
- Chargebacks: You agree not to dispute any charges with your credit card company or payment processor without first attempting to resolve the matter directly with us. In the event of an unauthorized chargeback, we reserve the right to suspend or terminate your access to the Services.
6. Intellectual Property Rights
- Our Content: All intellectual property rights in our Services, including but not limited to software, designs, text, graphics, logos, and trademarks, are owned by or licensed to Polaris Digital.
- Client Content: You retain all intellectual property rights in any content, data, or materials you provide to us for the purpose of receiving our Services. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your content solely for the purpose of providing the Services to you.
- Work Product:
- Unless otherwise explicitly agreed upon in writing, Polaris Digital retains all intellectual property rights in the code, designs, and other materials we develop. You are granted a non-exclusive, perpetual, worldwide license to use the final work product for your intended business purposes.
- No Reverse Engineering: You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of any software provided as part of our Services.
7. Prohibited Uses
You agree not to use the Services:
- In any way that violates any applicable national, state, local, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate Polaris Digital, a Company employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Polaris Digital or users of the Services or expose them to liability.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POLARIS DIGITAL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO POLARIS DIGITAL FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
10. Indemnification
You agree to defend, indemnify, and hold harmless Polaris Digital and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.
11. Privacy Policy
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Alberta, Canada, without regard to its conflict of law principles.
- Informal Resolution: Most concerns can be resolved quickly by contacting us at support@polarisdigital.ca.
- Jurisdiction for Litigation: If the arbitration clause is not applicable or waived, you agree to submit to the exclusive jurisdiction of the courts located in Edmonton, Alberta, Canada for the resolution of any disputes.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Effective Date" at the top. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
14. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
15. Entire Agreement
These Terms, together with any documents expressly referred to in them, constitute the entire agreement between you and Polaris Digital regarding the Services.
16. Contact Information
If you have any questions about these Terms, please contact us at:
Polaris Digital
support@polarisdigital.ca