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Terms of Service

Last updated: May 14, 2026 · Effective: May 14, 2026

This document is a v2 draft using industry-standard frameworks. It is scheduled for legal review. Please direct urgent questions to legal@polarisdgtl.com.

These Terms of Service ("Terms") form a legally binding agreement between you ("you" or "Subscriber") and Polaris Digital Studio ("Polaris," "we," "us," or "our") and govern your use of Napoleon at napoleon.polarisdgtl.com ("the Service"). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

Napoleon is a B2B marketing automation platform that provides AI-generated cold outreach drafts, social media content drafts, lead discovery, and approval workflows. The Service is intended exclusively for business-to-business use. You may not use Napoleon to market to individual consumers or for any consumer-facing communication.

2. Eligibility

You must be at least 18 years old, legally capable of entering binding contracts, and authorized to act on behalf of the business you register. By creating an account you represent that you meet these requirements.

3. Subscriptions, Pricing, and Trial

4. Cancellation

You may cancel your subscription at any time through your account settings or the Stripe billing portal. Cancellation takes effect at the end of the current billing period. You retain access until that date.

5. Acceptable Use and Subscriber Responsibilities

You agree to use Napoleon only for lawful B2B outreach. You are solely responsible for ensuring your use complies with all applicable laws in every jurisdiction in which your recipients are located, including:

You must not use Napoleon to:

6. CAN-SPAM and Outreach Compliance

Napoleon automatically includes the following in every outreach email: a clear sender identity, a physical mailing address you provide, and a one-click unsubscribe link. We maintain a permanent suppression list of unsubscribed addresses. You remain solely responsible for ensuring that your business address is accurate, your subject lines are non-deceptive, your sender identity is honest, and your outreach is otherwise compliant with applicable law. We are not liable for compliance failures caused by inaccurate information you provide.

7. AI-Generated Content Disclaimer

Napoleon uses Google Gemini and similar AI models to generate marketing content drafts. AI output is provided "as is" — we do not guarantee its accuracy, originality, factual correctness, or fitness for any purpose. AI may produce content that is outdated, biased, factually incorrect, or that infringes third-party rights. You are solely responsible for reviewing every AI-generated draft before approving it for sending or publication. The first 3 emails and 3 social posts per profile require explicit approval before any sending occurs. After that, the platform may operate on autopilot based on your saved preferences — you remain responsible for monitoring and intervening as needed.

8. Lead Data and Third-Party Recipients

Napoleon collects publicly available B2B contact information from sources including Google Places API. You are responsible for the appropriateness of contacting any specific recipient and for handling responses, complaints, and unsubscribe requests in accordance with applicable law.

9. Service Availability and No Uptime Guarantee

The Service is provided on a reasonable-efforts basis. We do not guarantee any specific level of availability, uptime, or performance. We may perform maintenance, deploy updates, or experience downtime without prior notice. We are not liable for any losses arising from Service unavailability.

10. Account Termination by Us

We may suspend or terminate your account immediately and without refund if you violate these Terms, engage in fraudulent activity, abuse our team or other users, generate excessive spam complaints, or for any reason in our sole discretion with reasonable notice.

11. Intellectual Property

12. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy of AI output, deliverability of email, or specific marketing results. We do not warrant uninterrupted, error-free, or secure operation.

13. Limitation of Liability

To the maximum extent permitted by law, Polaris's total aggregate liability arising from or relating to these Terms or the Service is limited to the greater of (a) the total amount you paid us for the Service in the 12 months preceding the claim, or (b) one hundred U.S. dollars ($100). We are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost data, lost goodwill, or business interruption, even if advised of the possibility. Some jurisdictions do not allow these limitations — in those jurisdictions our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Polaris, its operators, employees, and agents from any claim, demand, loss, damage, liability, or expense (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) any content you submit, send, or publish through the Service; (c) AI-generated content you approve and send through the Service; (d) your violation of these Terms; (e) your violation of any law or third-party right; or (f) any spam complaint, blacklist, or regulatory action arising from your outreach.

15. Force Majeure

We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including acts of God, war, terrorism, epidemic, government action, internet or power outages, third-party service failures (Stripe, Resend, Google, Railway, Vercel, Cloudflare, Zernio), or AI model unavailability.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Any dispute will first be attempted to resolve through good-faith negotiation via email for at least 30 days. If unresolved, the dispute will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in Los Angeles County, California, except either party may bring an individual claim in small claims court. You waive any right to a jury trial or to participate in a class action, class arbitration, or representative proceeding. The losing party will pay reasonable attorneys' fees and costs.

17. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in whole or in part to a successor entity in connection with a merger, acquisition, reorganization, or sale of substantially all assets.

18. DMCA / Copyright Complaints

If you believe content on the Service infringes your copyright, send a DMCA takedown notice to legal@polarisdgtl.com including: your contact information, identification of the copyrighted work, the URL of the allegedly infringing material, a statement of good-faith belief that the use is unauthorized, and your electronic signature.

19. Data Processing Addendum (DPA)

For B2B subscribers subject to GDPR, CCPA, or other applicable privacy laws acting as a data controller, we offer a Data Processing Addendum on request. Email legal@polarisdgtl.com with subject "DPA Request."

20. Severability and Entire Agreement

If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Polaris regarding the Service and supersede any prior agreements.

21. Changes to These Terms

We may update these Terms at any time. Material changes will be communicated to active subscribers via email at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

22. Contact

For questions about these Terms: legal@polarisdgtl.com