Terms, Conditions and Privacy Policy

Last Updated: 9 August 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 Services, practices or legal requirements. Updates will be published on our website, and the ‘Last Updated’ date above will be revised accordingly. The then-current version will supersede all previous versions from the date it takes effect. Where required by applicable law, we will provide reasonable notice of material changes. Unless required by law or reasonably necessary for security, legal or regulatory reasons, updates will not retrospectively reduce rights that have already accrued under an existing purchase or license. By continuing to use our Services after the updated Terms take effect, you acknowledge and accept the 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 the General Data Protection Regulation (GDPR) and the UK GDPR, H & P Learning and Consulting Services Pty Ltd (ABN 50 159 464 712), trading as Polar Dynamix, acts as the controller of personal information collected under this Privacy Policy. Where the Australian Privacy Act 1988 (Cth) applies, we handle personal information in accordance with the applicable Australian Privacy Principles.

This Privacy Policy explains how we collect, hold, use, disclose and protect personal information when you use our Services, as well as the rights that may be available to you under applicable privacy laws. Where consent is required by law for a particular activity, we will obtain that consent as required.

3.1 What Information We Collect

We may collect personal, technical, device, usage and license-related information, as well as information collected through cookies as described below.

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.

Where purchases are processed through Paddle, our Merchant of Record, payment and order information is processed by Paddle in accordance with their Privacy Policy.

3.1.2 Technical, Device, Usage and License Information

When you access or use our Services, we may collect limited technical, device, usage and license-related information. This may include general usage information, your IP address, browser type, device type, and technical or device identifiers associated with the device, software installation or license.

Some technical, device or license-related information may constitute personal information under applicable 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 used, where applicable, to facilitate transactions processed through Paddle, our Merchant of Record. 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 to provide, maintain, administer, secure and protect our Services. Specifically, we may use it to:

  • process your orders and deliver purchased software or services;
  • respond to your inquiries and provide customer support;
  • activate, administer and validate software licenses and trial or evaluation access;
  • verify license or access validity, status, applicable periods or limits and authorized use;
  • enforce applicable license or access restrictions and restrict or deactivate access where a license or trial or evaluation entitlement has expired, reached its applicable limit, is invalid or is otherwise no longer authorized;
  • prevent unauthorized use, distribution, circumvention or misuse of our software, Services and licensing systems;
  • protect our software, Services, security systems and intellectual property;
  • provide software updates, including notifying 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; and
  • comply with legal obligations, enforce these Terms and resolve disputes.

License or access validation may occur automatically when the software or Services are accessed. This process may use technical, device, usage and license-related information to determine whether an applicable license or trial or evaluation entitlement remains valid, including whether an applicable time, functionality, usage or output limit has been reached. A valid license or applicable access entitlement is required for continued authorized access to the software or to restricted features, content or outputs.

3.3 Legal Basis for Processing

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

  • where necessary to perform a contract with you or to take steps at your request before entering into a contract;
  • to comply with our legal obligations, such as tax and accounting requirements;
  • for our legitimate business interests, including administering and validating software licenses and trial or evaluation access, managing applicable periods or limits, enforcing license or access restrictions, preventing fraud, unauthorized use or circumvention, maintaining the security of our Services, and protecting our intellectual property; and
  • with your consent, where consent is required by applicable law.

Where we rely on legitimate interests, we consider the nature and necessity of the processing and the potential impact on the rights and interests of affected individuals.

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, including Paddle, our Merchant of Record for purchases processed through it, to securely handle applicable transactions.

We use reasonable technical and organizational safeguards appropriate to the nature of the information we handle. For security reasons, we do not disclose details of security, license-validation or anti-circumvention measures where doing so could compromise their effectiveness.

While we take reasonable steps to protect your personal information, 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. Where purchases are processed through Paddle, our Merchant of Record, payment and order information is processed by Paddle. 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 personal information only for as long as reasonably necessary for the purposes for which it was collected or otherwise lawfully processed, including providing our Services, administering software licenses, maintaining security, complying with legal obligations, resolving disputes and enforcing our agreements.

In determining appropriate retention periods, we may consider factors such as the duration and status of an account or license, the need to maintain appropriate license and security records, the prevention and investigation of fraud, misuse or circumvention, applicable limitation periods, and legal, tax, accounting or regulatory requirements.

We may retain limited technical, device and license-related information after a license has expired or ended where reasonably necessary for these purposes.

When personal information is no longer reasonably required for a permitted purpose, we will take reasonable steps to delete or de-identify it, subject to applicable legal requirements.

3.7 International Data Transfers

We operate globally and utilize third-party service providers and business partners, including Paddle, which acts as our Merchant of Record for purchases processed through it, 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 may have certain rights regarding your personal information depending on your location and the applicable privacy laws. These rights may include the right to:

  • request access to the personal information we hold about you;
  • request correction of inaccurate or incomplete personal information;
  • request deletion of your personal information, subject to applicable legal exceptions;
  • request restriction of certain processing, where applicable;
  • request a copy of certain personal information in a structured, commonly used and machine-readable format, where applicable;
  • withdraw consent at any time where processing is based on your consent; and
  • object to certain processing of your personal information, including processing for direct marketing purposes.

Where the GDPR or UK GDPR applies and we rely on legitimate interests as the legal basis for processing, you may also have the right to object to that processing. This right is subject to applicable legal exceptions, including circumstances in which we have compelling legitimate grounds to continue the processing.

If you have questions about your personal information, wish to exercise an applicable privacy right, or wish to make a privacy complaint, please contact us at support@polar-dynamix.com.

We will consider and investigate privacy complaints and respond within a reasonable period. We may need to verify your identity before responding to certain requests.

If you are not satisfied with our response, you may have the right to lodge a complaint with the relevant data protection authority in your jurisdiction. In Australia, this is the Office of the Australian Information Commissioner (OAIC). In the United Kingdom, this is the Information Commissioner’s Office (ICO). Individuals in the European Economic Area may contact the relevant supervisory authority in their country.

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 other proprietary rights, whether registered or unregistered as applicable. 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

Software License

When you purchase 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 these Terms and any additional conditions communicated to you at the time of purchase.

From time to time, Polar Dynamix may provide temporary or limited trial or evaluation access to some or all of the software or Services. Any such access is non-exclusive and non-transferable, may be limited by time, functionality, usage, content or output, and is subject to these Terms and any additional conditions communicated to the user.

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 device on which it is first activated. Activation grants access to the applicable version of the software.

Trial or Evaluation Access

During trial or evaluation access, Polar Dynamix may limit the duration, functionality, content, usage or outputs available.

When an applicable trial or evaluation period or limit has been reached, access to affected software, functionality, content or outputs may be automatically restricted or disabled.

Unless otherwise agreed in writing, trial or evaluation access does not automatically convert into a paid license or purchase or create an obligation to purchase. Continued access after the applicable period or limit, or access to full or restricted Services, may require an applicable paid license, purchase or other authorization from Polar Dynamix.

License Transfer

This subsection applies to paid licenses only. Trial or evaluation access is non-transferable unless otherwise agreed by Polar Dynamix in writing.

If you replace the device on which your software was activated, you may request that your license be transferred to a replacement device. To request a transfer, please contact our customer support at support@polar-dynamix.com. We may request information reasonably necessary to verify the transfer request.

A license transfer allows the same customer to move an existing license from one device to another. It does not permit the license to be sold, assigned, shared or transferred to another person or organization.

Each paid license is generally eligible for one (1) license transfer within a 12-month period. Additional transfer requests may be considered where reasonably justified, including where a device has failed or requires replacement. A new license may be required where an additional transfer is not approved.

Reinstalling the software on the same device does not count as a license transfer.

Updates and Software Versions

We do not guarantee that updates, upgrades or new versions of the software will be provided. If updates, upgrades or new versions become available, they may be subject to additional terms, a separate agreement or additional fees, unless otherwise specified.

Nothing in this section excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified 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 or Licensing Controls
    You are prohibited from bypassing, disabling, interfering with, circumventing or attempting to avoid any activation, license-validation, license-expiry, access-control or security feature or mechanism associated with our software, 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 take reasonable and proportionate action having regard to the nature and circumstances of the violation, including to:

  • suspend or restrict your access to the software or related Services;
  • terminate your access to the software or related Services and revoke any licenses or permissions granted under these Terms where the violation is serious, repeated, cannot be remedied, remains unremedied after reasonable notice where appropriate, or otherwise justifies termination;
  • pursue any legal remedies available to us, including claiming damages, to the extent permitted by applicable law; and
  • report suspected unlawful activities to the appropriate authorities where appropriate or required by law.

We may take immediate action without prior notice where reasonably necessary to address fraud, unauthorized use, license circumvention, security threats, unlawful conduct or other conduct that may cause harm to us, our Services, our users or third parties.

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.

To the extent permitted by applicable law, 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 for the specific Services that are the subject of the claim.

Nothing in this section excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified under applicable law.

To the extent permitted by applicable law, our affiliates, suppliers, licensors and distributors are intended to have the benefit of the limitations and exclusions set out in this section.

10. Indemnity

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

  1. your misuse, unauthorized use or unlawful use of the Services or any content provided by us;
  2. any breach of these Terms by you or your personnel; or
  3. any infringement of the rights of a third party caused by your misuse, unauthorized use or unlawful use of the Services, or by your breach of these Terms.

11. Refund Policy

We want you to be satisfied with your purchase. However, due to the nature of the Services, purchases are generally non-refundable, except where the Services do not substantially perform as advertised or demonstrated, where a refund is approved for a purchase processed through Paddle in accordance with Paddle’s applicable Refund Policy, or where required by applicable law.

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 may lose any right of withdrawal or statutory cooling-off period 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. Subject to any rights available under applicable law, refund requests for purchases made directly through Polar Dynamix under this Refund Policy should be submitted within seven (7) days of purchase. For purchases processed through Paddle, the applicable refund request periods are governed by Paddle’s Refund Policy.
  2. For purchases processed through Paddle, refund requests should be submitted through Paddle with your proof of purchase and a detailed description of the issue.
  3. For purchases invoiced or processed directly by Polar Dynamix, please contact support@polar-dynamix.com with your proof of purchase and a detailed description of the issue.

12. Payment Information

Where purchases are processed through Paddle, Paddle acts as our Merchant of Record and handles payment and order processing for the applicable transaction, including applicable sales tax, VAT or similar tax obligations in accordance with applicable law. Charges for purchases processed through Paddle may appear as ‘Paddle’ on your bank or payment statements.

For certain business or bulk purchases, Polar Dynamix may invoice customers directly. In these circumstances, the applicable payment terms, currency and taxes, where applicable, will be specified on the invoice or otherwise communicated to the customer.

Any currency conversion fees, bank fees or other charges imposed by your bank or payment provider are your responsibility.

For assistance with a purchase processed through Paddle, please contact Paddle’s customer support. For assistance with a payment made directly to Polar Dynamix, please contact us at support@polar-dynamix.com.

13. Governing Law and Jurisdiction

These Terms, Conditions and Privacy Policy are governed by the laws of New South Wales, Australia. To the extent permitted by applicable law, 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.