1. Purpose
These General Terms and Conditions of Sale (the “Terms of Sale”) govern paid subscriptions to the Tidecut service entered into between SARL RIOU STICHELBAUT, trading under the Polaryse brand, with share capital of EUR 10,000, SIREN 844 114 942, VAT number FR79844114942, whose registered office is located at 40 avenue de la Perrière, 56100 Lorient, France, which may be contacted at contact@polaryse.com, hereinafter the “Provider”, and the natural or legal person subscribing to the plan, hereinafter the “Client”.
A “Consumer Client” is a natural person acting for purposes outside their trade, business, craft, liberal profession or agricultural activity. A “Professional Client” acts for the purposes of their professional activity. The Owner must accurately declare this status before any order or paid change.
The “Owner” means the User to whom the Client entrusts management of the Workspace, its billing and its subscription. By subscribing to or modifying a plan, the Owner represents that they have the authority required to bind the Client.
Tidecut is a Software as a Service (SaaS) digital asset management (DAM) service that includes, in particular, the storage, organisation, indexing, search, distribution and sharing of digital content. The selected plan, its features, limits and price supplement these Terms of Sale. In the event of a conflict, any special terms or order summary accepted by the Client prevail over these Terms of Sale.
2. Service availability
Tidecut endeavours to provide continuous access to the platform. However, the Provider reserves the right to temporarily interrupt the Service for technical maintenance, system improvements or infrastructure developments.
Where possible, the Provider informs the Client of planned maintenance having a significant impact. An interruption does not give rise to compensation where it is reasonably necessary, proportionate and beyond the Provider’s control, without prejudice to the Consumer Client’s mandatory rights and any liability incurred by law.
3. Storage management and retention
3.1 Trash policy: Any media deleted by the Client is placed in a retention area for a mandatory period of ninety (90) days.
3.2 Storage usage: During this period, deleted files continue to count towards the Client’s total storage quota. Space is released automatically at the end of this period.
4. Fair use and mass distribution
4.1 Bandwidth ratio: The Service includes an outbound download volume equivalent to the volume of storage used (a 1:1 ratio).
4.2 Unlimited distribution pass: Where mass distribution is required or the ratio is significantly exceeded, the “High Availability” option or an appropriate plan may need to be activated in order to remove bandwidth restrictions.
5. Price, subscription and payment
5.1 Price: The applicable price is that of the plan and any options selected by the Owner. It is displayed in euros for a monthly or annual billing period. Unless otherwise stated, prices intended for Professional Clients are shown exclusive of tax. VAT and any other applicable taxes are added at the rate in force. For a Consumer Client, the total price inclusive of all taxes is displayed before final confirmation of the subscription.
5.2 Subscription: A subscription may only be purchased by the Workspace Owner. Before confirming the order, the Owner may review the selected plan, its price, billing period, selected options and automatic renewal. The subscription becomes final after acceptance of these Terms of Sale and confirmation of payment by Stripe. The confirmation button clearly states that the order entails an obligation to pay. The Provider retains the accepted version, date, Owner’s identity, billed Workspace and technical information capable of establishing this acceptance.
5.3 Payment and invoicing: Unless special terms have been agreed in writing, payment is made through Stripe when subscribing and at each renewal. The Client authorises Stripe to charge the registered payment method on the scheduled due dates. Invoices are made available electronically. The Client undertakes to maintain valid billing information and a valid payment method.
5.4 Payment incident: If a payment fails or is late, the Provider may request that the situation be remedied, make further payment attempts and, after informing the Client, restrict or suspend access to paid features until payment is brought up to date.
5.5 Late payment by a Professional Client: Any amount not paid when due automatically gives rise, without prior reminder, to penalties calculated at the rate applied by the European Central Bank to its most recent refinancing operation plus ten (10) percentage points, without being less than three times the French statutory interest rate, together with a fixed charge of forty (40) euros for recovery costs. Additional compensation may be claimed on production of supporting evidence where the recovery costs incurred are higher.
5.6 Promotions and price changes: Promotions apply for the duration and under the conditions stated when subscribing. A price change to an existing subscription does not apply to a period already paid for. The Owner is informed at least thirty (30) days before it takes effect and may cancel the subscription before that date if the new price is not accepted.
5.7 Consumer Client’s right of withdrawal: The Consumer Client has fourteen (14) days from conclusion of the contract to withdraw without having to give any reason. The Consumer Client may use the online withdrawal function, the form below or any other unambiguous statement sent before the end of the period to contact@polaryse.com or to SARL RIOU STICHELBAUT (Polaryse), 40 avenue de la Perrière, 56100 Lorient, France.
Where the Consumer Client expressly requests that access begin before the end of the withdrawal period, the right of withdrawal is retained. If the right is exercised after the Service has begun, the Consumer Client is liable only for an amount proportionate to the Service actually provided up to communication of the decision. No amount is due on this basis if the express request for immediate performance or the legally required information was not obtained. After full performance of the Service, the right of withdrawal is lost only under the conditions provided by law, following an express request and prior acknowledgement by the Consumer Client.
The Provider refunds the amounts due using the same payment method, unless another method is expressly agreed without any charge, no later than fourteen (14) days after being informed of the withdrawal, less any proportionate amount that may be due.
Model withdrawal form
To SARL RIOU STICHELBAUT (Polaryse), 40 avenue de la Perrière, 56100 Lorient, France — contact@polaryse.com.
I hereby give notice that I withdraw from my contract for the Tidecut service ordered on [date].
Consumer’s name and address — billed Workspace — date — signature only if this form is submitted on paper.
5.8 Consumer mediation: After a prior written complaint has failed to produce a satisfactory solution, the Consumer Client may refer the matter free of charge to the consumer mediator with jurisdiction over the Provider. Consumer subscriptions are disabled until the identity and website of the mediator selected by the Provider are stated on this page.
5.9 Statutory conformity guarantee for digital services
For a subscription supplied continuously, the Consumer Client benefits from the statutory conformity guarantee throughout the supply period provided for in the contract. In the event of a lack of conformity, the Consumer Client is entitled to have conformity restored free of charge, without undue delay and without major inconvenience. Any period of unavailability required to restore conformity suspends the remaining guarantee period.
The Consumer Client may obtain a price reduction or terminate the contract if the Provider refuses to restore conformity, if restoration is impossible, entails costs or major inconvenience, takes place with undue delay, or if the lack of conformity persists. The Consumer Client may act immediately where the lack of conformity is sufficiently serious and may withhold payment under the conditions provided by law until the Provider has performed its obligations.
Updates required to maintain conformity are provided for the duration of the contract. These rights arise under Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code. The Consumer Client also benefits from the guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code for two years from discovery of the defect. Any request may be sent to contact@polaryse.com.
6. Ownership and Design Partner agreement
The Client remains the sole owner of the media it uploads to the platform.
Under the “Design Partner” offer, the Client authorises Tidecut to use excerpts of content for promotional purposes (demonstrations and case studies), with author credits where applicable.
Tidecut remains the owner of all intellectual property rights relating to the platform, its source code and its architecture.
7. Data protection (GDPR)
Personal data is processed in accordance with the General Data Protection Regulation (GDPR).
The website, PostgreSQL database, transcoding capacity and backups are primarily hosted by AWS in the eu-west-1 region (Ireland). Files are stored by Wasabi in its eu-west-2 region corresponding to Paris. The main media API and local models are operated on Tidecut infrastructure in France, with possible failover to AWS in Ireland.
CloudFront uses a global network and certain providers, including AI providers, may process data from third countries. Tidecut therefore does not guarantee that all data remains within the European Union. Detailed arrangements are set out in the Privacy Policy and Data Processing Agreement available on the website.
8. Liability
The Provider is subject to a duty to use reasonable endeavours.
The Provider is not liable to the extent that damage results from a failure of third-party networks, non-compliant use by the Client or an event of force majeure, provided that the Provider has itself complied with its obligations.
The Provider’s total liability is limited to the total amount paid by the Client during the twelve (12) months preceding the event giving rise to liability.
This limitation does not apply to Consumer Clients, personal injury, gross negligence or wilful misconduct, breach of an essential obligation that deprives the contract of its substance, or where a mandatory rule prohibits or restricts its application.
9. Term, renewal, plan changes and cancellation
9.1 Term: The subscription is entered into for the monthly or annual period stated at the time of purchase. It does not entail a commitment beyond the current period, subject to automatic renewal under the conditions below.
9.2 Renewal: Unless cancelled before the renewal date, the subscription is automatically renewed for a period of the same length and the registered payment method is charged the applicable price. The next due date is shown in the subscription management area or in the information provided by Stripe.
9.3 Plan changes and prorating: Only the Owner may request a change of plan or options. Unless otherwise indicated during confirmation, the change takes effect immediately. Stripe then calculates a prorated amount based on the unused part of the current period and the price of the new plan or options for the remaining period. This calculation may result in an additional charge or credit applied to the current or next invoice in accordance with the arrangements shown before the change is confirmed.
9.4 Cancellation by the Client: The Owner may cancel the subscription at any time from the account management area. Cancellation takes effect at the end of the current monthly or annual period. That period remains payable in full and no refund is made for the unused portion, except where required by a mandatory legal provision or more favourable special term.
9.5 Termination or non-renewal by the Provider: The Provider may terminate the subscription or decide not to renew it by giving at least thirty (30) days’ notice. This notice does not apply in the event of a material breach, fraud, unlawful use, a risk to the security of the Service or an outstanding payment that has not been remedied.
9.6 Data recovery: When the contract ends, the Client has ninety (90) days to request recovery of its data. After that period, the data may be permanently deleted, subject to legally required retention periods and the normal expiry of technical backups.
10. Governing law and disputes
These Terms of Sale are governed by French law, without depriving a Consumer Client of any mandatory protections available under the law of their habitual residence. In the event of a difficulty, the Client first submits a complaint to contact@polaryse.com. If no amicable agreement is reached, or mediation fails where applicable, the competent courts are determined under the applicable legal rules. No jurisdiction clause may be enforced against a Consumer Client.
Last updated: 3 August 2026 — Version 2026-08-03-2