Terms of Service.

Who we are and what this covers

Polly B.V. ("Polly", "we") is located at Hertstraat 3, 6531 KL Nijmegen, the Netherlands, registered with the Dutch Chamber of Commerce under number 98691031, VAT number NL868601767B01. Polly provides software for fruit and vegetable wholesale: reading and comparing price lists (PriceWatch), sending your own price list, and the setup and support that go with it (together "the service").

These terms apply to every Polly subscription. Together with the confirmation you receive when you subscribe, they form the agreements between you ("the customer") and Polly. Your plan, your price and your start day are in the confirmation; for everything else these terms apply, also where the confirmation summarises them more briefly.

For businesses only

Polly is for businesses only. You subscribe in the course of your trade or business and not as a consumer. Your company is established in the European Union, the European Economic Area, the United Kingdom or Switzerland; for a company elsewhere we make separate arrangements. The person who subscribes declares that they are authorised to represent the company.

Because you subscribe as a business, the information duties of article 6:227b(1) and 6:227c(1) of the Dutch Civil Code do not apply. We always send you a confirmation with these terms after you subscribe.

The subscription

Your subscription is concluded when you subscribe: when paying by card or direct debit, once your payment details are confirmed through Stripe; when paying by bank transfer, once you click Start with Polly. If you subscribe yourself through our website and pay by bank transfer, it is concluded once you confirm it through the link in our email. It runs for an indefinite period, per calendar month.

Start day. We pick a start day together, at the latest two weeks after you subscribe, unless we agree otherwise together. If we have not agreed a day within those two weeks, the start day is two weeks after you subscribed. If we cannot complete the onboarding within two weeks, we will tell you in good time, agree a new date with you and move your first payment to that date. You don't pay during the two-week onboarding. Your first payment is 14 days after you subscribe.

Cancelling. You cancel by email to hello@polly.today, we cancel by email to the address you subscribed with. Cancellation takes effect at the end of the calendar month after the month in which you cancel. If you cancel on 10 March, the subscription runs until 30 April. If you cancel before your start day, the subscription ends at once and you pay nothing.

Price and payment

The price of your plan is in the confirmation, per month and excluding VAT. There are no per-seat fees.

Founding price. If you subscribe by 30 November 2026 at the latest, the founding price applies for the first six months from your start day; after that the regular price of your plan applies.

You pay monthly in advance, the first time 14 days after you subscribe, by card or SEPA direct debit through Stripe, or by bank transfer on an invoice we send you each month, within 14 days. A reversed or failed payment remains due. If a payment is still open after a reminder, we may pause access until it is paid.

Sending through WhatsApp costs per message what Meta charges for it. We pass these costs on one to one, based on actual use. Sending by email is included.

We announce price changes by email at least 60 days in advance, and never within the founding period. If you do not agree, you can cancel free of charge as of the day the change takes effect.

Using Polly

One subscription is for one company: its own people, suppliers and buyers. Accounts are personal and stay within your company. The offers, comparisons and exports you see in Polly are for your own trading; you do not pass them on to third parties and you do not process price lists for another company.

Your plan fits a number of supplier price lists a month. If you are structurally above or below it, we discuss another plan together.

You do not copy Polly, do not reverse engineer it and do not read Polly's screens or interfaces automatically. Other software connects only through integrations we agree on together.

If you use WhatsApp through Polly, you follow the rules of Meta and WhatsApp and you have the consent of the people you send messages to.

Your data

You own the price lists, prices, buyers and messages you share with Polly ("your data"). You give Polly the right to use your data to provide the service to you, and to improve the service with anonymised data as set out below.

If we use your data together with data from other customers, for example to recognise products or to train artificial intelligence models, we anonymise it first. You instruct Polly to anonymise personal data before any such use; anonymised data is no longer personal data. Your messages, prices and terms are never visible to other customers in a recognisable form, not through such a model either.

Polly may use anonymised, aggregated learnings from your data to improve Polly. A shared market view with the prices of other customers exists only for those who take part. Taking part is your choice. If you share your prices anonymously, you see the anonymised prices of the other participants. If you do not share, you do not see theirs. Nothing is shared without your choice. Your individual prices and terms can never be recognised in it.

You make sure you are allowed to share the data you share with Polly. If a supplier objects, that is between you and that supplier.

Personal data

For personal data in your data you are the controller and Polly is the processor within the meaning of article 28 of the General Data Protection Regulation (GDPR). This article is the processing agreement for that. It concerns contact details (name, phone number, email address, company and role) and the content of messages and price lists, of your employees, suppliers and buyers. Polly processes them for as long as your subscription runs, to provide the service: receiving, reading, comparing and sending price lists.

Polly processes that data only on your instructions, which are set out in these terms, unless the law requires Polly to do otherwise; Polly then tells you in advance, unless the law forbids that. If Polly considers that an instruction infringes the GDPR, Polly tells you at once. The people at Polly who see the data are bound by confidentiality. Polly takes appropriate technical and organisational measures (article 32 GDPR), including a separate database per customer and encrypted traffic.

Polly uses these sub-processors: Amazon Web Services (hosting and email, Ireland), Twilio and Meta (WhatsApp), OpenAI and Google (reading price lists) and Resend (sending our system emails, such as the confirmation after you subscribe, with your name and email address). You give general authorisation for them. We announce a new sub-processor at least 30 days in advance; you can object and, if needed, cancel free of charge. Polly imposes the same obligations as in this article on every sub-processor and remains liable to you for them. Data processed outside the European Union is covered by appropriate safeguards, such as the European Commission's standard contractual clauses.

Your payment details go to our payment service provider Stripe. Stripe processes them as an independent controller, under its own privacy policy; Polly stores only a reference to the payment method and the mandate, never the card or account number.

Polly helps you with requests from data subjects, with security (article 32 GDPR), with a data breach (articles 33 and 34), with a data protection impact assessment and a prior consultation (articles 35 and 36). Polly gives you the information you need to demonstrate compliance and cooperates with an audit by you or an independent auditor you appoint, after reasonable notice and at most once a year unless there is a concrete reason. We report a data breach that affects your data without undue delay, at the latest 48 hours after we discovered it. After the subscription ends we delete the data as set out in article 10.

The service and third-party services

We keep improving Polly; parts of it may change. We do not remove essential parts of your plan without telling you in advance.

Polly depends on third-party services, such as Amazon Web Services, Meta, Twilio, artificial intelligence providers and email and telecom providers. An outage or change at such a service is not a shortcoming of Polly; we keep you informed and do what we can to keep you working.

Liability

Polly reads, compares and sends. You decide what to buy and sell and you check a price before you act on it. Polly is not liable for trading decisions.

Polly's liability is limited to the fees you paid in the three months before a claim; indirect damage, such as lost profit, is excluded. These limits do not apply in case of intent or deliberate recklessness on Polly's part.

Suspension and ending

If either party does not keep to these terms, the other says so first and we look for a solution together. Polly suspends access only after a written warning, unless immediate action is needed because of abuse, a security risk or the law.

On request you receive your suppliers, products and all offers with history as Excel or CSV within 14 days after the end, at no cost. Within 30 days after the end we delete your environment, after any export, and confirm this in writing. Anonymised data and overviews that can no longer be traced back to you remain part of Polly.

Confidentiality and ownership

Both parties keep the other's confidential information secret and use it only for this cooperation.

The software, the models and the anonymised overviews are Polly's. You may use them for as long as your subscription runs.

Changes to these terms

Polly may change these terms. We announce a change by email at least 30 days in advance. If a change is materially to your disadvantage, you can cancel free of charge as of the day it takes effect. Price changes follow article 4.

Law, court and language

Dutch law applies to these terms and the subscription. Disputes go to the competent court of the District Court of Gelderland, unless the law provides otherwise.

These terms exist in Dutch and English. If the two differ, the Dutch text applies.

Contact

Questions? Email hello@polly.today or call +31 6 24 627 450. Polly B.V., Hertstraat 3, 6531 KL Nijmegen, the Netherlands.