Terms of Service.

The Service

Polly provides a business-to-business software platform for the fresh produce (fruit and vegetable) wholesale trading sector, including features such as price list management, supplier and buyer communication tools, and deal workflow support. The Service may include integrations with third-party providers, including WhatsApp Business Platform (via Meta and Twilio), email systems, and enterprise resource planning (ERP) systems.

Polly may update, modify, or discontinue features of the Service from time to time.

Eligibility and Accounts

The Service is intended for use by businesses and their authorized representatives, not individual consumers. You must provide accurate registration information and are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

Use of Messaging Features

Where the Service includes WhatsApp Business Platform messaging functionality:

• You are responsible for ensuring your use of messaging features complies with Meta’s and WhatsApp’s applicable policies, including the WhatsApp Business Messaging Policy and Meta’s Commerce Policies.
• You must obtain any necessary consent from message recipients (such as suppliers or buyers) before initiating business communications through WhatsApp or other integrated channels.
• Polly is not responsible for the availability, performance, or policies of third-party messaging providers, including Meta and Twilio.

Customer Data and Aggregated Data

You retain ownership of the business and commercial data you submit to the Service (“Customer Data”). You grant Polly a license to access, process, and use Customer Data to provide and improve the Service.

This includes using Customer Data, together with data from other customers, to train, tune, and improve the Service’s features and underlying models, including AI-supported agents, product data mapping, and harmonization of product terminology and abbreviations, for the benefit of the Customer base as a whole, and not solely for your own account.

You further acknowledge and agree that Polly may use Customer Data, in combination with data from other customers, to create aggregated and de-identified data sets and derived analytics (“Aggregated Data”), including for the purposes of market trend analysis, price benchmarking, supply and demand insights, and related insights products. This includes deriving structural or statistical insights from communications processed through the Service (such as response times, volumes, or categories) without exposing the underlying message content or the identity of the parties involved. Polly may use, publish, license, or otherwise commercialize Aggregated Data, provided that Aggregated Data does not disclose your specific, individually attributable pricing, commercial terms, or communication content to identifiable third parties in a manner that would reveal your confidential business information.

Where Polly processes Aggregated Data in a form that remains capable of being linked back to you internally (pseudonymized rather than fully anonymized), Polly will handle such data in accordance with applicable data protection law and the terms of this Agreement.

You are responsible for ensuring you have the right to submit any data (including personal data of your employees, suppliers, or buyers) to the Service, and that such submission complies with applicable law.

Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation.
• Send unsolicited, deceptive, or fraudulent communications.
• Interfere with or disrupt the integrity or performance of the Service.
• Attempt to gain unauthorized access to the Service or related systems.
• Use the Service in a way that violates the policies of our third-party providers, including Meta and Twilio.

Fees and Payment

Fees for the Service are set out in a separate order form, agreement, or as communicated by Polly. Unless otherwise agreed, fees are payable in advance and are non-refundable except as required by law or expressly stated in your agreement with Polly.

Intellectual Property

Polly retains all right, title, and interest in and to the Service, including all software, designs, and underlying technology. These Terms do not grant you any rights to Polly’s intellectual property except the limited right to use the Service as described herein.

Confidentiality

Each party agrees to protect the other party’s confidential information with the same degree of care it uses for its own confidential information, and not to disclose it to third parties except as necessary to perform its obligations or as required by law.

Third-Party Services

The Service integrates with third-party providers, including but not limited to Meta (WhatsApp Business Platform), Twilio, and various ERP systems. Polly is not responsible for the acts, omissions, availability, or policies of these third parties. Your use of such integrations may be subject to the third party’s own terms and policies.

Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement, except as expressly stated in a written agreement between you and Polly.

Limitation of Liability

To the maximum extent permitted by law, Polly shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, arising from your use of the Service.

Termination

Either party may terminate access to the Service in accordance with the terms of the applicable Customer agreement. Polly may suspend or terminate access immediately in cases of suspected violation of these Terms or applicable law.

Governing Law

These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the competent courts in the Netherlands, unless otherwise agreed in a separate Customer agreement.

Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated to active Customers. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

Contact Us

For questions about these Terms, contact:
Polly B.V. Hertstraat 3, 6531 KL Nijmegen, The Netherlands
Email: hello@polly.today