Terms, Conditions and Privacy Policy

Last Updated: 28 February 2026

1. Definitions

‘Polar Dynamix’, ‘we’, ‘us’ or ‘our’ refers to H & P Learning and Consulting Services Pty Ltd (ABN 50 159 464 712), trading as Polar Dynamix, as the legal entity responsible for the Services.

‘Services’ refers to all products, software, simulations, reports, features and other offerings provided by Polar Dynamix, including access to our website, applications and any related support or functionality.

‘Terms’ refers to the Terms, Conditions and Privacy Policy set forth in this document.

2. Overview

By accessing or using Services provided by Polar Dynamix, you agree to comply with and be bound by our Terms, all of which are contained in this document. Our Terms govern your purchase, use and access to our Services and outline how we collect, use and protect your personal information.

Your use of the software is subject to the licensing conditions outlined below, which define your rights and obligations, including those with regard to the activation and usage of the software, as well as the software transfer rules.

We may update this document periodically to reflect changes in our practices or legal requirements. Updates take effect as soon as they are published, and the ‘Last Updated’ date above will be revised accordingly. The then-current version will supersede all previous versions. By continuing to use our Services after updates are published, you acknowledge and accept our updated Terms.

If you do not agree to any of our updates, you must discontinue using our Services immediately. Any disputes will be resolved based on the version of the Terms in effect at the time that the dispute arose. Failure to comply with these Terms may result in the suspension or termination of your access to our Services.

3. Privacy Policy

We are committed to protecting your privacy. For the purposes of applicable data protection laws, including the General Data Protection Regulation (GDPR), the UK GDPR and the Australian Privacy Act 1988 (Cth), H & P Learning and Consulting Services Pty Ltd (ABN 50 159 464 712), trading as Polar Dynamix, acts as the data controller of personal information collected under this Policy.

Through our Privacy Policy, we explain how we collect, use and safeguard your data when you use our Services. By using our Services, you agree to the Terms outlined in our Privacy Policy, which includes details regarding the information that we collect from you, how we use it, how we protect it, how and with whom we share it, and your rights.

3.1 What Information We Collect

We may collect personal, technical and usage information, as well as cookies.

3.1.1 Personal Information

The personal information that we collect from you may include your name, email address, billing address, payment details and any other information that you provide to us when registering with us for an account, making a purchase from us or submitting an inquiry to us, such as through our ‘Request a Quote’ button or by contacting our email support. Payments are securely processed by our payment partner, Paddle. Their Privacy Policy governs your payment information.

3.1.2 Technical and Usage Information

We may collect some non-personal data such as general usage data, your IP address, your browser type and your device type (e.g., laptop, tablet or smartphone). Some technical identifiers such as MAC addresses may be considered personal information under certain privacy laws and will be handled accordingly.

3.1.3 Cookies

We use strictly necessary cookies to ensure our website functions securely and properly, such as those required by our payment processor, Paddle, to facilitate your transactions. We do not use non-essential tracking cookies or third-party behavioral analytics to monitor your activity on our website. Because we do not track our users’ online activities over time and across third-party websites, our website does not currently respond to ‘Do Not Track’ (DNT) browser signals.

3.2 How We Use Your Information

We use your information strictly to provide and maintain our services. Specifically, we use it to:

  • process your orders and deliver purchased software or services.
  • respond to your inquiries and provide customer support.
  • validate software licenses: This is a security measure designed to ensure fair use and prevent unauthorized distribution.
  • provide software updates: This allows us to notify you via an in-app popup when a new version or critical update is available.
  • communicate important updates, offers or service-related information (with your consent where required by law).
  • comply with legal obligations, enforce these Terms and resolve disputes.

3.3 Legal Basis for Processing

Where applicable under laws such as the GDPR and the UK GDPR, we process personal information on the following bases:

  • to perform a contract with you (such as processing your order and providing the purchased software and services).
  • to comply with our legal obligations (such as tax and accounting requirements).
  • for our legitimate business interests, including software license validation, fraud prevention, and the protection of our intellectual property.
  • with your consent, where strictly required by law.

3.4 How We Protect Your Information

The reasonable steps that we take to protect your personal information include encrypting sensitive data during transmission (e.g., using HTTPS), restricting access to personal data to authorized personnel, and relying on trusted third-party providers such as Paddle for secure payment processing. While we adhere to industry-standard practices to protect your data, no system can guarantee complete security against all risks. We recommend that you safeguard your account credentials to enhance security.

3.5 Sharing of Information

We do not sell clients’ personal information to third parties. However, payment details are securely processed by Paddle, our trusted third-party payment provider. In certain circumstances, we may share personal information as outlined below:

  • with trusted service providers who support our operations such as our website hosting partners.
  • when required by law or when necessary to protect our rights, property or the safety of our users and others.

3.6 Data Retention

We retain your personal information, such as billing details and MAC addresses, for as long as your software license remains active or as needed to provide you with our services. We may also retain certain data as necessary to comply with our legal obligations (such as tax and accounting requirements), resolve disputes, and enforce our agreements.

3.7 International Data Transfers

We operate globally and utilize third-party service providers, such as our payment processor Paddle, to facilitate our services. As a result, your personal information may be transferred to, stored, and processed in countries outside of your country of residence, where data protection laws may differ. Where required by applicable law, we take reasonable steps to ensure that appropriate safeguards are in place to protect personal information transferred internationally.

3.8 User Rights

You have certain rights regarding your personal information. While these rights may vary based on your location and the applicable privacy laws, generally, you have the right to:

  • request a copy of the personal data we hold about you
  • request that we correct inaccurate data about you
  • request that we add information to your client profile if it is incomplete
  • request the deletion of your data, subject to our legal obligations
  • request a copy of your data in a structured, machine-readable format for transfer to another data controller
  • withdraw your consent to receive marketing communications
  • object to the processing of your data for specific purposes such as marketing.

If you have any questions or would like to exercise any of these rights, please contact us at our service delivery inbox <support@polar-dynamix.com>.

If you are not satisfied with our response, you may lodge a complaint with your local data protection authority. In Australia, this is the Office of the Australian Information Commissioner (OAIC).

3.9 Children’s Privacy

Our Services are not directed to individuals under the age of 18 and we do not knowingly collect personal information from children.

4. Intellectual Property Ownership

All intellectual property rights in the Services, including software, documentation, reports, designs, logos, brand names, and other materials, are owned by Polar Dynamix or its licensors worldwide. These rights include, but are not limited to, copyright, trademarks, trade secrets, patents, and moral rights, whether registered or unregistered. Nothing in these Terms grants you any rights to such intellectual property except as expressly stated in the license granted.

5. Licensing and Software Usage

By purchasing and using the software, you are granted a non-exclusive, non-transferable license to install and use it on a single device. The license is granted for personal or business use, as applicable, and is subject to the Terms of this agreement.

License Activation

When you purchase the software, you will receive a license key that is required to activate and use it on your device. The license key is tied to the hardware configuration of the device on which it is first activated. This activation grants access to the current version of the software. Any updates or new versions may require a separate agreement or purchase, unless otherwise specified.

License Transfer

If you replace or upgrade your device, you may request a transfer of your license key to the new device. To initiate this process, please contact our customer support at support@polar-dynamix.com and provide proof of the replacement device. Each customer is entitled to one (1) license transfer within a 12-month period. Additional transfers may require the purchase of a new license.

Reinstalling the software on the same device does not count as a transfer. In this circumstance, no action is required.

Updates and Software Versions

The software is provided ‘as-is’, and no updates, upgrades or new versions are guaranteed. If updates or new versions become available, clients may be required to make a separate purchase or enter into a new agreement. This limitation on updates and versions does not affect any statutory consumer rights that cannot be waived under applicable law.

6. Prohibited Uses

You are prohibited from using our Services in ways that violate applicable laws or infringe upon the rights of others, including but not limited to the following:

  1. Reproduction or Distribution
    You are prohibited from copying, sharing or redistributing the software or any part of it in any format without our explicit written consent.
  2. Modification or Derivative Works
    You are prohibited from altering, modifying or creating derivative works of the software, including translating or localizing the product, except as explicitly permitted by applicable law.
  3. Reselling or Sublicensing
    You are prohibited from selling, leasing, licensing, sublicensing, or otherwise distributing the software to third parties for any purpose, whether for profit or otherwise, unless expressly authorized by us in writing (e.g., as part of an approved affiliate or reseller program).
  4. Reverse Engineering
    You are prohibited from decompiling, reverse engineering, disassembling, or attempting to derive the software’s source code, except where explicitly allowed by applicable law.
  5. Unlawful or Harmful Use
    You are prohibited from using the software in any manner that violates applicable laws, infringes on the rights of others, involves harmful, abusive or unethical activities, or causes harm to others or our business.
  6. Tampering with Security
    You are prohibited from bypassing, disabling, or interfering with the software’s security features or the security features of our website or Services.
  7. Misrepresentation of Ownership
    You are prohibited from claiming ownership or misattributing the intellectual property rights of the software or related content.
  8. Unfair Competition
    You are prohibited from using the software to develop competing products or Services.

7. Consequences of Violations

If you violate any of these Terms, we reserve the right to:

  • immediately terminate your access to the software and related Services without prior notice
  • revoke any licenses or permissions granted under these Terms
  • pursue legal action or claim damages to the fullest extent permitted by law
  • report unlawful activities to the appropriate authorities.

8. Disclaimer of Warranties

Our Services are provided on an ‘as is’ and ‘as available’ basis. To the extent permitted by applicable law, we make no warranties, whether express, implied, statutory, or otherwise, with respect to the Services. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, or quiet enjoyment, as well as any warranties arising from course of dealing or trade usage. We do not guarantee that the Services will be uninterrupted, error-free or free from defects or technical issues.

You acknowledge and agree that any use of outputs from our Services, including reports or simulations, is at your sole risk. Such outputs are provided for informational purposes only and should not be relied upon as the sole source of truth, a substitute for professional advice, or a replacement for independent verification or professional/engineering judgment.

9. Limitation of Liability

To the extent permitted by applicable law, we will not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other losses, even if we have been advised of the possibility of such damages.

Our total aggregate liability for any and all claims arising out of or in connection with these Terms or the Services we provide—whether in contract, tort (including negligence), or otherwise—will not exceed the total amount you paid to us for the specific Services that are the subject of the claim.

Our affiliates, suppliers, licensors and distributors are intended third-party beneficiaries of this section.

10. Indemnity

If you are a business or organization, to the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless us, our affiliates, and our personnel from and against any costs, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  1. your use or misuse of the Services or any content provided by us; or
  2. any violation of these Terms, Conditions and Privacy Policy by you or your personnel.

11. Refund Policy

We want you to be satisfied with your purchase. However, due to the nature of Services, all purchases are final and non-refundable unless otherwise required by applicable law. Refunds are only granted if the Services do not substantially perform as advertised or demonstrated in the demo, or if required by applicable law in your jurisdiction.

By completing your purchase, you consent to the delivery of the Services as described on the product page from which you initiated your purchase. For digital or immediate-access Services, delivery is considered immediate. For services such as reports, delivery may take up to five (5) business days. If there are any expected material delays or backlogs, you will be notified at checkout or by email.

By completing your purchase, you acknowledge that, to the extent permitted by applicable law, you waive any right of withdrawal (or may lose any statutory cooling-off period, as applicable in your country) once the Services have been activated, downloaded, accessed or delivered.

Refunds will not be provided for issues caused by unsupported systems, user modifications, misuse, or third-party software or services that interfere with the proper functioning of the Services.

Nothing in this Refund Policy excludes, restricts or modifies any rights you may have under applicable consumer protection laws.

If you experience any issues, please contact our support team. We are committed to helping resolve them promptly.

Refund Process:

  1. Refund requests must be submitted within seven (7) days of purchase.
  2. To initiate a refund, please contact Paddle with your proof of purchase (e.g., receipt or invoice) and a detailed description of the issue.

12. Payment Information

Payments for our Services are securely processed by Paddle, our payment provider. Please note that charges for purchases will appear as ‘Paddle’ on your statements.

Payments will be processed in the currency specified at checkout and you are responsible for any applicable taxes, such as VAT or GST, based on your location. Any currency conversion fees or additional charges imposed by your bank or payment provider are your responsibility. For assistance with payment-related inquiries, please contact Paddle’s customer support.

13. Governing Law and Jurisdiction

These Terms, Conditions and Privacy Policy are governed by the laws of New South Wales, Australia. Any disputes arising under or in connection with these Terms will be exclusively resolved in the courts of New South Wales, Australia.

14. No Waiver Clause

Our failure to enforce any provision of these Terms, Conditions and Privacy Policy does not constitute a waiver of our right to enforce that provision or any other provision in the future. If any part of these Terms is found to be invalid or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain in full force and effect.