Terms of service
Terms applicable to the subscription and use of the PolaShop platform by professionals. They are accepted by signing a quote or by putting a store into service.
1. Definitions
- Polariva: Polariva SUARL, a single-member limited liability company incorporated under Tunisian law, Avenue 18 Janvier, Ariana Centre, Staircase C, Office C408, 2080 Ariana, Tunisia, RNE and tax ID 1843155P, publisher of PolaShop.
- PolaShop or the Platform: the software suite comprising the online store, the administration interface ("Admin") and the associated modules (call centre, delivery, stock, advertising, team, apps).
- Client or Merchant: the professional subscribing to PolaShop to sell its products.
- Store: the Client's sales website, on the Client's domain, powered by the Platform, with its dedicated database.
- Buyer: any person placing an order on a Store.
- Users: the persons authorised by the Client to access the Admin (managers, agents).
- Apps: third-party services that can be enabled per store (Meta Pixel and Conversions API, WhatsApp Business, WinSMS, carriers, etc.).
2. Purpose and acceptance
These terms govern the provision of the Platform by Polariva to the Client. They apply exclusively to professionals. They are accepted without reservation by signing a quote, confirming an order in writing or putting a Store into service. The quote specifies the applicable plans, options and prices; in case of conflict, the quote prevails over these terms.
3. Description of the service
Depending on the plan subscribed, PolaShop includes:
- a Store on the Client's domain (or a domain registered for the Client), with SSL certificate, cash-on-delivery order page, bundles and offers, abandoned carts;
- an Admin on a separate subdomain: orders, call centre, scanner, stock per variant, delivery, statistics, profit dashboard;
- the Apps that the Client can enable under its own accounts;
- setup: choice of a template among those offered, loading of the products, categories, logo, colours and copy provided by the Client, migration from an existing platform (WooCommerce, Shopify, Youcan);
- hosting, daily backups, Platform updates and support.
A Store based on a ready-made template can be put online by the Client within minutes, once the template is chosen and the domain connected. Where the Client asks Polariva to load its catalogue or migrate an existing store, this is done within an indicative period of 48 business hours from receipt of all required elements (products, visuals, logo, domain access). Integrating a design supplied by the Client is subject to a separate quote.
4. Subscription, term, termination
The subscription is monthly. The first month is due at sign-up. After the first month, the subscription continues without commitment and renews tacitly each month.
The Client may terminate at any time by e-mail to contact@polariva.com; termination takes effect at the end of the current month. Polariva may terminate with 30 days' notice, or without notice in the event of a serious breach by the Client (section 11).
5. Pricing and payment
- Prices are set by quote, according to the plan and the Apps enabled. The Starter and Pro plans are billed per month and per Store. The White label plan is billed as a one-time licence fee, plus a monthly maintenance and support fee. Prices are exclusive of taxes; VAT applies at the current rate.
- No commission is charged on the Client's sales. Setup is included in every plan.
- Subscription and maintenance invoices are issued monthly; the White label licence fee is invoiced once, on signature. Invoices are payable by the due date shown on the invoice, by bank transfer or any other agreed means.
- In the event of late payment, Polariva may, after a reminder left unanswered for 15 days, suspend access to the Admin until the situation is regularised. The Store and its data are kept during the suspension.
- Polariva may revise its prices with 30 days' notice; the Client may then terminate before the new price takes effect.
6. Client's obligations
The Client undertakes to:
- sell only lawful products, compliant with Tunisian regulations and those of any delivery country, and provide accurate information (descriptions, prices, delivery times, return policies);
- comply with the regulations applicable to distance selling and consumer protection, as well as the terms of the Apps it enables (in particular Meta's advertising and messaging rules);
- act as data controller for its Buyers' and Users' data, and inform them in accordance with Organic Law No. 2004-63;
- manage its Users, protect its credentials and report any unauthorised use;
- hold the necessary rights to the content it publishes (trademarks, photos, texts);
- not use the Platform for unsolicited messaging, misleading practices or any activity likely to engage Polariva's liability or harm its infrastructure.
7. Polariva's obligations
- Provide the Platform with due care, as a best-efforts obligation, with a monthly availability target of 99.5 % excluding planned maintenance notified at least 24 hours in advance.
- Provide hosting, daily backups and security updates.
- Provide support on business days, by e-mail, with priority handling for the Pro plan and a dedicated contact for the White label plan.
- Process hosted data only on the Client's instructions, in accordance with the privacy policy, and inform the Client without undue delay of any security incident affecting its data.
8. Client data
Store data (products, orders, Buyers, statistics, content) is and remains the exclusive property of the Client. Polariva acquires no rights over this data and does not use it for its own purposes.
- Each Store has a dedicated database, isolated from other Clients.
- The Client may export all of its data at any time, from the Admin or on simple request, in a standard format (CSV or equivalent).
- The Client may request at any time the deletion of all or part of its data, as described on the data deletion page.
- Polariva acts as processor for Buyer and User data; the Client remains the controller.
9. Third-party apps
Apps are enabled by the Client under its own accounts and with its own access keys (Meta ad account, WhatsApp Business account, WinSMS account, carrier contract). Their use is subject to their publishers' terms. Polariva provides the technical connection but is not responsible for the availability, pricing, decisions (account suspension, ad rejection) or changes of these third-party services.
10. Intellectual property
The Platform, its code, templates and documentation remain the exclusive property of Polariva. For the term of the contract, the Client is granted a non-exclusive, non-transferable right to use the Platform to operate its Store. The Client's content (brand, logo, visuals, copy) remains its property. Where a custom template is developed from a design supplied by the Client, the Client retains ownership of its visual identity; the integration code produced by Polariva remains the property of Polariva.
11. Suspension
Polariva may suspend access to the Platform, after notice and except in urgent cases, in the event of non-payment (section 5), unlawful content, a threat to the security or integrity of the Platform, or a breach of these terms. Suspension does not give rise to any refund for the current period. Data is kept during the suspension.
12. Liability
- Polariva is bound by a best-efforts obligation. Its liability is limited to proven direct damages and capped at the amounts paid by the Client over the last twelve months.
- Polariva is not liable for indirect losses (loss of revenue, margin, customers or reputation) nor for damage resulting from non-compliant use of the Platform, failure of a third-party service, the Internet network or force majeure.
- Performance indicators mentioned in commercial documentation (conversion rate, confirmation rate, return on ad spend) are orders of magnitude observed and do not constitute a guarantee of results.
- The Client is solely responsible for its products, content, advertising and its relationship with its Buyers.
13. End of contract
At the end of the contract, for whatever reason: Polariva hands the Client a full export of its data; the domain name, if registered by Polariva on the Client's behalf, is transferred to the Client; the Store's database, access and files are deleted within 30 days, and backups purged within the following 30 days, in accordance with the privacy policy. Invoices are kept for the statutory period.
14. Confidentiality
Each party keeps confidential the information and documents of the other party of which it becomes aware under the contract (commercial data, prices, figures, methods), for the term of the contract and three years after its end.
15. Force majeure
Neither party may be held liable for a breach caused by a force majeure event within the meaning of Tunisian case law, including a general outage of a hosting provider or network, an act of a public authority, a natural disaster or an external labour dispute. Obligations are suspended for the duration of the event.
16. Changes
Polariva may amend these terms. Any amendment is notified to the Client by e-mail at least 30 days before it takes effect. A Client who refuses it may terminate before that date; otherwise the new version applies.
17. Governing law and disputes
These terms are governed by Tunisian law. The parties shall endeavour to settle any dispute amicably within 30 days of its written notification. Failing that, the courts of Ariana have exclusive jurisdiction.