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Plain-English summary
The terms specify that Polar limits its liability for various damages, including lost profits and data, and users must indemnify Polar against third-party claims. In competitions, winners release Polar from certain liabilities and assign rights to uploaded creative material. Some data may be transferred to servers outside the EU, and users are responsible for data shared with third-party services. There are no refunds for early cancellation of premium services. Accounts and data can be removed if terms are breached. You can adjust permissions and opt out of marketing messages.
89% confidence
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Risk Flags
4 findings
Critical issues and red flags that could lead to significant harm or privacy loss.
high95% confidence
Liability for Losses and Damages is Limited
Polar and its affiliates are not liable for direct, indirect, incidental, special, punitive or consequential damages, lost profits, business revenue, goodwill, anticipated savings, or data.
Why it matters: You may not be able to recover damages for lost profits, business revenue, goodwill, anticipated savings, or data caused by the use of or inability to use Polar services.
EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY OR DAMAGES CAUSED BY INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, POLAR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL OR OTHER DAMAGES, LOST PROFITS, BUSINESS REVENUE, GOODWILL, ANTICIPATED SAVINGS, OR DATA, CAUSED BY THE USE OF OR INABILITY TO USE POLAR SERVICES EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED.
Users agree to defend, indemnify, and hold Polar harmless from third-party claims and liabilities, losses, costs, or damages arising from actual or alleged breach of terms, or infringement of intellectual property, other rights, or privacy of a third party.
Why it matters: You may be held responsible for legal costs and damages if third parties make claims against Polar due to your actions, including alleged breaches of terms or infringement of rights.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS POLAR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS AND OTHER USERS FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS AND ALL LIABILITIES, LOSSES, COSTS, OR DAMAGES RESULTING FROM OR ARISING OUT OF YOUR ACTUAL OR ALLEGED BREACH OF THESE TERMS AND CONDITIONS, OR YOUR ACTUAL OR ALLEGED INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY, OTHER RIGHTS, OR PRIVACY OF A THIRD PARTY.
Winners of Competitions (and guests) must agree to release Polar from liability for personal injury, damage, theft, or loss suffered in connection with the Competition or the prize, unless due to Polar's negligence.
Why it matters: You may waive your right to pursue claims against Polar for certain personal injuries, damages, theft, or loss related to prizes, except in cases of negligence.
In order to be eligible for prizes, the winners (and guest if applicable) agree to (1) sign an affidavit of eligibility if required; (2) release us from any and all liability, claims, demands, and causes of action for personal injury and/or damage, theft, or loss suffered in connection with the Competition or the use or acceptance of the prize or any portion thereof except where due to our negligence;
Contests, paragraph 6 · Citation strength: strong
high95% confidence
Polar Has Broad Rights to User-Uploaded Creative Material in Contests
By entering a Competition, all entrants assign all rights, title, and interest in all creative material uploaded onto the website.
Why it matters: When entering a competition, you give up all ownership and usage rights to any creative material you upload to the website.
By entering the Competition, all entrants assign all rights, title and interest in all creative material uploaded onto the website.
Contests, paragraph 9 · Citation strength: strong
Data Use
4 findings
How the company collects, uses, and shares your personal information.
medium85% confidence
Data Transferred to Third-Party Servers Outside the EU
Polar uses servers provided by a third party for its Flow service, which may be located either within or outside the EU. While actual user data is stored within the EU, system monitoring data is saved on service providers' servers outside the EU.
Why it matters: Some of your data, specifically system monitoring data, may be stored on servers outside of the EU, which could mean it is subject to different data protection laws.
Polar uses servers provided by a third party to provide its Flow service). These servers may be located either within the EU or outside it. The actual user data is stored on servers located within the EU, but information such as the system’s monitoring data is saved on service providers’ servers located outside the EU.
Creating and Managing a User Account, paragraph 2 · Citation strength: strong
medium90% confidence
User Responsible for Data Shared to Third-Party Services
Polar is not responsible for data once it is transferred out of Polar’s system to third-party services and can no longer control the data. Users are responsible for managing the information they share or transfer out of the system.
Why it matters: Once you share or transfer your data to a third-party service through Polar, Polar loses control over it, and you become solely responsible for its management and how the third party uses it.
Polar is not responsible for data once it is transferred out of Polar’s system and Polar can no longer control the data. You are responsible for managing the information you share or transfer out of the system.
Personal Information from Contests May Be Used for Marketing and Research
Any personal information obtained from entrants in a Competition may, with the entrant's consent, be used by Polar or disclosed to third parties for marketing, market research, analysis, and related purposes.
Why it matters: If you enter a competition and provide consent, your personal information may be used by Polar or shared with third parties for marketing and research.
Any personal information, including, without limitation, the entrant’s name, age, address, telephone number and/or email address which is obtained by us by virtue of entrants entering the Competition may, with the entrant's consent, be used by us or disclosed to third parties for certain marketing, market research, analysis, and related purposes.
Why it matters: Your account and all associated data can be permanently deleted if Polar determines you have violated their Terms of Use.
If you breach any of these Terms of Use, Polar may cancel your user rights, in which case your account and data will be removed.
Validity, paragraph 5 · Citation strength: strong
Protections
2 findings
Commitments and features that benefit the user.
Protection95% confidence
Ability to Change Permissions and Provided Data
Once your account is created, you can always change the permissions and the data you provided when you signed up by choosing Settings in any of our services.
Why it helps: This allows you to maintain control over your privacy settings and personal information after account creation, enabling adjustments as needed.
Once your account is created, you can always change the permissions and the data you provided when you signed up by choosing Settings in any of our services.
Creating and Managing a User Account, paragraph 2 · Citation strength: strong
Protection95% confidence
Option to Opt Out of Marketing Messages
You have the right to opt out of receiving marketing communication at any time, and Polar will not send you marketing messages without your consent.
Why it helps: You retain control over receiving promotional communications, with clear mechanisms to opt out.
You have the right to opt out of receiving marketing communication at any time, and we will not send you marketing messages without your consent. You can update this consent either directly in our services or by following the “unsubscribe” instructions in every individual marketing message whenever you like.
Direct Marketing, paragraph 1 · Citation strength: strong
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