Terms of Service

Acceptance of Terms

By accessing and using the polarnex website and services, you accept and agree to be bound by the terms and provision of this agreement. These Terms of Service constitute a legally binding agreement between you and polarnex Ltd, a company registered in Scotland with registration number 25967482.

If you do not agree to abide by the above, please do not use our services or access our website. We reserve the right to modify these terms at any time, and such modifications shall be effective immediately upon posting on our website.

Description of Services

polarnex provides gym membership funnel optimization services, including but not limited to funnel analysis, conversion optimization, A/B testing, performance analytics, and related consulting services. Our services are designed to help fitness businesses improve their membership acquisition and retention processes.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We also reserve the right to refuse service to anyone for any reason at any time.

User Obligations

As a user of our services, you agree to:

• Provide accurate, current, and complete information when requested
• Maintain the security of your account credentials and accept responsibility for all activities under your account
• Use our services only for lawful purposes and in accordance with these terms
• Not interfere with or disrupt our services or servers connected to our services
• Not attempt to gain unauthorised access to any portion of our website or services
• Comply with all applicable local, national, and international laws and regulations

Payment Terms

Payment terms for our services will be specified in individual service agreements or proposals. Unless otherwise agreed in writing, payment is due within 30 days of invoice date. We reserve the right to suspend or terminate services for accounts with overdue payments.

All fees are quoted in Euros (EUR) unless otherwise specified. Prices are subject to change with reasonable notice. You are responsible for all taxes, duties, and other governmental charges related to your use of our services.

Intellectual Property

The content, organisation, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to our website and services are protected under applicable copyrights, trademarks, and other proprietary rights. All content on this website, including but not limited to text, graphics, logos, images, and software, is the property of polarnex or its content suppliers and is protected by copyright and other intellectual property laws.

You may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without our prior written consent. Any methodologies, frameworks, or processes developed by polarnex remain our intellectual property, even when applied to your specific business requirements.

Confidentiality

We understand that in the course of providing our services, we may have access to confidential information about your business. We agree to maintain the confidentiality of such information and not disclose it to third parties without your consent, except as required by law or as necessary to provide our services.

Similarly, you agree to maintain the confidentiality of any proprietary methodologies, processes, or strategies shared by polarnex during the course of our engagement.

Limitation of Liability

In no event shall polarnex, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our services or website.

Our total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) shall not exceed the amount paid by you to polarnex for the specific service giving rise to the claim during the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Disclaimers

Our services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the operation or availability of our services or the information, content, materials, or products included on our website.

While we strive to provide effective optimization strategies, we cannot guarantee specific results or improvements to your business metrics. The success of our recommendations depends on various factors, including but not limited to implementation quality, market conditions, and your business's specific circumstances.

Indemnification

You agree to indemnify, defend, and hold harmless polarnex, its officers, directors, employees, agents, and suppliers from any claim, demand, damages, or other losses, including reasonable legal fees, asserted by any third party due to or arising out of your use of our services, your violation of these terms, or your violation of any rights of another.

Data Protection and Privacy

Our collection and use of personal information is governed by our Privacy Policy. By using our services, you consent to the collection and use of your information as outlined in our Privacy Policy, which is incorporated into these terms by reference.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of Scotland and the United Kingdom, without regard to conflict of law principles. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the Scottish courts.

If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect and enforceable.

Termination

Either party may terminate any service agreement with reasonable notice as specified in the individual service contract. We reserve the right to terminate or suspend access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Service.

Upon termination, your right to use our services will cease immediately. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Force Majeure

polarnex shall not be liable for any failure or delay in performance under these terms which is due to fire, flood, earthquake, elements of nature or acts of God, war, terrorism, riots, civil disorders, rebellions or revolutions, or any other cause beyond our reasonable control.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any individual service agreements, constitute the entire agreement between you and polarnex regarding the use of our services and supersede all prior and contemporaneous written or oral agreements between you and polarnex.

Contact Information

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