Public Offer: Access to Digital Services

1.1. “Provider” means NGO “HandS Lab” (full registered name: NON-GOVERNMENTAL ORGANIZATION “Human & Synthetic Lab”), EDRPOU code 46189265, registered office: Ukraine, 03035, Kyiv, 13 Vasylia Mytropolyta Lypkivskoho Street, email: [email protected].

1.2. “Offer” means this document, which is the Provider’s proposal to conclude a contract for access to a Service (the “Contract”) on the terms set out below.

1.3. “Service” means a digital service, research tool, or prototype to which the Provider grants access under this Offer. The list of Services, their statuses, and descriptions are published on the “Projects” page of the handslab.org website.

1.4. “Customer” means an individual, a sole proprietor, or a legal entity that has accepted the Offer.

1.5. “User” means an individual who uses a Service: the Customer or a person to whom the Customer has given access (an employee, student, client, or program participant).

1.6. “Access Terms” means the Service page and/or the Provider’s written confirmation stating the Service, the scope and period of access, the price (if any), the specifics of data processing and, where relevant, the Operator.

1.7. “Operator” means the person who provides the Service to the Customer. By default the Operator is the Provider. If a Service is provided by a partner of the Provider, this is stated in the Access Terms.

1.8. “Acceptance” means the Customer’s full and unconditional agreement to the Offer, expressed in the manner set out in Section 3.

1.9. “Service Output” means texts, scores, profiles, indices, reports, visualizations, and other content that a Service generates from a User’s input, including with the use of artificial intelligence models.

2.1. The Provider grants the Customer and Users non-exclusive, non-transferable access to the Service over the Internet for the period and to the extent set out in the Access Terms. The Customer pays the price for access if the Access Terms provide for one.

2.2. The Offer applies to Services whose pages link to it. Donations, grants, custom development, professional consultations, educational programs, community participation, and membership in the Organization are governed by separate documents.

2.3. The Services are research tools and prototypes. The status of each Service (concept, prototype, pilot, available, research) is stated on its page and describes the stage of the tool, not the maturity of research conclusions.

2.4. Access to the Services is by request. The Provider is not obliged to grant access to every person who applies and may decline in view of limited capacity, the intended audience of the Service, or its ethical limits. The Offer is not a public contract within the meaning of Article 633 of the Civil Code of Ukraine.

2.5. If a Service is provided by a separate Operator, the contract for that Service is concluded with the Operator on its terms, and this Offer does not apply to it.

3.1. To obtain access, the Customer submits a request through the form on the “Contact” page or on the Service page, stating the Service, the purpose of use, and a contact email address.

3.2. The Provider reviews the request, asks for clarifications where necessary, and communicates its decision to the email address provided.

3.3. If the decision is positive, the Provider sends the Access Terms. After that the Customer may accept the Offer.

3.4. Acceptance of the Offer is any of the following: written (including electronic) confirmation of the Access Terms; registration in or login to the Service with a mark of agreement to the Offer; payment of an invoice issued under the Access Terms.

3.5. The Contract is concluded at the moment of Acceptance (Article 642 of the Civil Code of Ukraine). Electronic documents and confirmations have legal force in accordance with the Law of Ukraine “On Electronic Commerce”.

3.6. By accepting the Offer, the Customer confirms that they have read its text, the Privacy Notice, and the Access Terms, and agree to them.

3.7. An individual confirms that they are at least 18 years old and have legal capacity. The Services are not intended for minors. A legal entity or a sole proprietor confirms that the person accepting the Offer is authorized to do so.

4.1. The Services use artificial intelligence models. Service Output is generated automatically and may be inaccurate, incomplete, or wrong even when it looks convincing. The User evaluates Service Output independently and is responsible for decisions made on its basis.

4.2. The Services are not medical care, psychotherapy, diagnostics, treatment, legal or other professional advice, or a crisis service, and they do not replace a specialist. Service Output (including scores, profiles, indices, and interpretations) is not a diagnosis, an expert opinion, or a basis for staffing, disciplinary, or discriminatory decisions about a person.

4.3. In case of an immediate threat to life or health, contact emergency services at 112 or emergency medical care at 103.

4.4. A Customer who uses a Service with respect to third parties (participants, clients, students, employees) ensures on its own the lawful grounds for such use, the informed consent of those persons, and professional responsibility for applying Service Output.

4.5. Prototypes and pilot versions may change, have a limited set of features, and be temporarily unavailable.

5.1. The price and the payment procedure are stated in the Access Terms or in the invoice before Acceptance. If access is free (including during an early beta or a pilot), this is stated in the Access Terms.

5.2. Payments are made by bank transfer in accordance with the legislation of Ukraine and the details in the invoice.

5.3. Paid access is not renewed automatically unless the parties have separately agreed this in writing.

5.4. If the Provider ends paid access through no fault of the Customer, the Provider refunds the part of the price that corresponds to the unused period.

5.5. The rights of a consumer under the Law of Ukraine “On Consumer Protection”, including the right to withdraw from a distance contract within the periods set by law, are not limited by this Offer.

6.1. The Provider undertakes to: grant access to the Service in accordance with the Access Terms; notify the Customer of material changes to features and terms; take appropriate organizational and technical measures to protect data; and consider the Customer’s requests within a reasonable time, as a rule within 10 business days.

6.2. The Provider has the right to: update, change, and temporarily suspend the Service for maintenance; change the set of features of prototypes and pilot versions; restrict or end access if the Customer or a User breaches this Contract or the law; and decline to grant access in accordance with clause 2.4.

7.1. The Customer and Users undertake to: use the Service for its intended purpose; provide accurate data; keep login credentials secure and not give access to third parties; and notify the Provider of errors, failures, and security incidents.

7.2. It is prohibited to: upload to the Service personal data of third parties, medical documents, client histories, or other sensitive materials without lawful grounds and, where required, without a separate data processing agreement; bypass technical restrictions, reverse engineer, scrape the Service content in bulk, or use it to train one’s own models; and use the Service for unlawful purposes, discrimination, hidden evaluation of people, or manipulation.

7.3. The Customer is responsible for the lawfulness of the data uploaded and for the actions of Users to whom the Customer has given access.

8.1. The rights to the Service (software code, design, methodologies, scales, data structures, names, and marks) belong to the Provider or its licensors. The Contract does not transfer property rights. The Customer receives a non-exclusive, non-transferable license to use the Service within the access granted.

8.2. The rights to the input data that a User uploads to the Service remain with the User or the relevant rights holder. The Customer grants the Provider a limited license to process that data to the extent needed to provide the Service.

8.3. The Provider does not claim rights to Service Output created from the Customer’s input data, except as agreed in the Access Terms. The Customer takes into account that legal protection of results created with the use of artificial intelligence may be limited by law.

8.4. Use of input data and Service Output to improve the Service, train models, or prepare scientific publications is permitted only with a separate informed consent of the relevant person. Such consent is not a condition of access to the Service.

9.1. The Provider processes personal data in accordance with the Privacy Notice, this Contract, and the legislation on personal data protection and, where applicable, Regulation (EU) 2016/679 (GDPR).

9.2. For Services that process sensitive data (including dream texts, conversation records, assessments of states, and meeting transcripts), the purpose, the data set, retention periods, and the roles of the parties (controller and processor) are defined in the Access Terms. If the Customer is the controller of the data of its employees, clients, or students, the parties conclude a separate data processing agreement.

9.3. For features based on artificial intelligence, a User’s data may be transferred to the provider of the relevant model as a processor. The list of providers and the terms of such transfer are given in the Privacy Notice or in the Access Terms.

9.4. The Provider does not sell Users’ data and does not use it for advertising or hidden influence.

9.5. Each party undertakes not to disclose the other party’s confidential information received in the course of performing the Contract, except as provided by law.

10.1. For breach of the Contract the parties are liable in accordance with the legislation of Ukraine.

10.2. Prototypes and pilot versions of the Services are provided as they are. The Provider does not guarantee uninterrupted operation, absence of errors, fitness of the Service for a particular purpose, conformity of Service Output with the Customer’s expectations, or any scientific or clinical effect.

10.3. The Provider is not liable for decisions made by the Customer or Users on the basis of Service Output, for actions of third parties, for failures of networks and external providers, or for indirect losses and lost profit.

10.4. To the extent permitted by law, the Provider’s total liability under the Contract is limited to actual damages and does not exceed the amount paid by the Customer for access in the billing period in which the breach occurred.

10.5. The limitations of liability do not apply in case of intent, where their application is prohibited by law, and they do not limit consumer rights.

11.1. The parties are released from liability for non-performance if it is caused by force majeure, including hostilities, martial law, air raid alerts, prolonged power or communication outages, cyberattacks on providers’ infrastructure, and actions of public authorities.

11.2. A party affected by such circumstances notifies the other party without undue delay. Confirmation may be a document of an authorized body or other appropriate evidence.

12.1. The Contract is valid until the end of the access period set by the Access Terms or, if no period is set, until it is terminated under this section.

12.2. The Provider may change the Offer. A new edition takes effect on publication and, for existing Customers, 14 days after notice of the changes. A Customer who does not agree with the changes has the right to terminate the Contract before they take effect.

12.3. The Customer may stop using the Service at any time by notifying the Provider in writing. The Provider may terminate the Contract with 14 days’ notice and, in case of breach, suspend access immediately.

12.4. After termination, access is closed. At the Customer’s request the Provider transfers or deletes the Customer’s data within up to 30 days unless the law requires its retention.

13.1. Requests and claims are sent to [email protected]. A party responds to a claim within 30 calendar days.

13.2. Disputes are resolved through negotiations. If no agreement is reached, the dispute is heard by the court at the Provider’s location, and disputes involving consumers are heard in the manner determined by consumer protection legislation.

13.3. The law of Ukraine applies to the Contract.

14.1. This document is made in Ukrainian. The English translation is provided for convenience; in case of discrepancies the Ukrainian text prevails.

14.2. The invalidity of an individual provision of the Contract does not entail the invalidity of the remaining provisions.

14.3. Notices sent to the email address that the Customer stated in the request are deemed proper.

14.4. Provider details: NGO “HandS Lab” (full registered name: NON-GOVERNMENTAL ORGANIZATION “Human & Synthetic Lab”), EDRPOU code 46189265, registered office: Ukraine, 03035, Kyiv, 13 Vasylia Mytropolyta Lypkivskoho Street, email: [email protected].