Public Offer

Public Offer

The company SportLab.AI (hereinafter called the “Company”, “SportLab.AI”) provides access to its website (the “Site”) and to the information located on this website (collectively, the “Services”) under the terms of this public offer (the “Agreement”) on the following conditions.

1. TERMS, USED IN THE AGREEMENT

1.1. The “Company” is the registered legal entity operating under the SportLab.AI service mark

1.2. The “Customer” is a legally capable natural person, self-employed person or legal person, who has entered into an Agreement with the Company in written electronic form as a result of the acceptance of the Agreement and, thereby, obtained a right to receive the Services of the Company and a duty to fulfil one’s obligations under the Agreement. The Customer shall not be listed on any U.S. Government list of prohibited or restricted countries or parties.

1.3. The “Parties” are the parties to the current Agreement, namely the Customer and the Company. Each separately is referred as the “Party.”

1.4. The “Agreement” is this agreement on the provision of Services selected by the Customer on the Company’s website, concluded between the Company and the Customer on a nonexclusive and non-discriminatory basis as a result of the acceptance by the Customer of such offer, which grants to the Company and the Customer the rights and imposes obligations specified in this Agreement. The agreement shall be considered as concluded in writing while the Customer purchase any Services of the Company through the Site.

1.5. The “Acceptance” is any Customer’s actions certifying that the person has fully accepted the conditions of the Agreement, including taking actions to fulfill the conditions in this Agreement.

1.6. The “Services” consist of the access to the website, the information located on the website and other services, specified by the Agreement and/or Terms of Use.

1.7. The “website” or the “Site” is http://sportlab.ai/ webpage belonging or operated by SportLab.AI and serving as an access point to the information located on this website.

1.8. The “information located on the website” is an information on a potential outcome of various ongoing and upcoming sports events. Such information contains the predictive data, generated by Company’s neural networks as a result of collecting, processing of sports data and machine learning.

2. GENERAL STATEMENTS

2.1. Parties recognize that the acceptance of the current Agreement shall be unconditional.

2.2. The acceptance of the Agreement is constituted with the registration on the Site of the Company and/or performing the payment for the Company’s Services.

2.3. The acceptance of the Agreement by the Customer constitutes the consent on the processing by the Company of Customer’s personal data with purpose to fulfill the conditions of this Agreement.

2.4. The Customer must be at least 18 (eighteen) years old to be eligible to use the Services.

2.5. The Company may at any time terminate the Agreement in whole or in part, as well as suspend the provision of the Services, which will not be considered an unlawful act on its part and cannot be a ground for any claims.

2.6. The edition of the Agreement available on the official website of the Company is actual and final.

2.7. This Agreement is governed by laws of England without regard to its conflict-of-laws principles.

2.8. References to persons shall include individuals, corporate bodies, unincorporated associations, partnerships and any other entities. Words denoting a gender shall include all other genders. References to a Section or Sections shall be deemed references to the respective section(s) of this Agreement. Headings and notes herein are for reference only and shall not affect the construction and interpretation of the Agreement.

3. SUBJECT

3.1. The Company provides to Customer the services of access to the website and to the information located on the website.

3.2. The Terms of Use and Privacy Policy are accepted simultaneously with the acceptance of this Agreement.

3.3. SportLab.AI has the right to propose amendments to the Services at any time (introduce new types of Services, exclude certain types of Services, change the scope of Services and otherwise change the Services). The Customer cannot change the scope of Services provided to him.

4. RIGHTS AND OBLIGATION OF THE PARTIES

4.1. The obligations of the Company:

4.1.1. The Company shall provide Services to the Customer following the conditions of the current Agreement;

4.1.2. The Company obliges to protect a Customer’s data received from the Customer or any other sources of information;

4.1.3. The Company shall inform the Customer about the sufficient changes to this Agreement, Terms of Use and Privacy Policy;

4.1.4. The Company shall make all possible reasonable endeavors to execute the Customer’s order;

4.1.5. The Company shall provide the Customer with online history of the transactions executed at the Customer’s account on demand.

4.2. The rights of the Company:

4.2.1. The Company has the right on its discretion to modify, change or terminate the provision of Services anytime without prior notification;

4.2.2. The Company has the right to restrict the access of the Customer to the Services in case if the Customer is less than 18 years old or if the Customer is on any US list of sanctioned persons;

4.2.3. The Company has the right to terminate the Agreement in case if the Customer does not fulfil its obligations established by the current Agreement and Terms of Use;

4.2.4. The Company reserves the right to assign any rights or obligations contained in the Agreement in its sole discretion;

4.2.5. The Company may impose limits or pre-conditions to certain transactions. For instance, SportLab.AI may ask clarification of the origin of funds or the economic background of transactions prior to proceeding with transactions.

4.3. The obligations of the Customer:

4.3.1. read carefully the Agreement, Terms of Use and Privacy Policy before engaging in the Services of the Company;

4.3.2. settle 100% prepayment for the Services that require such prepayment;

4.3.3. inform the Company of breach of this Agreement, Terms of Use or Privacy Policy of any kind you are aware of;

4.3.4. comply with a dispute settlement procedure established by this Agreement and Terms of Use;

4.3.5. notify the Company about any claims that may arise during or in relation to the business engagement with the Company;

4.3.6. comply with the conduct requirements listed in the Terms of Use;

4.3.7. comply with the laws and regulations of the territory from which the Customer accesses or uses the Services;

4.3.8. under no circumstances shall the Customer disclose, share, reproduce, copy, distribute, make public, and in any other way use any results of intellectual activity that become available to the Customer in the process or as a result of the provision of the Services;

4.3.9. monitor any updates to the information posted on the Company’s website, including changes to the Terms of Use, changes to this Agreement and any other materials that are directly or indirectly related to the provision of the Services or affect them. The Customer waives the right to refer to the lack of awareness of these changes, if such changes are posted on the Company’s website;

4.4. The rights of the Customer:

4.4.1. the Customer has the right to receive the prepaid Services in the scope established by this Agreement;

4.4.2. the Customer has the right to terminate the Agreement anytime until the payment for the selected Services is made.

5. RESPONSIBILITY OF THE PARTIES

5.1. The Company is responsible under no circumstances for:

5.1.1. the quality and reliability of the Services provided to the Customer;

5.1.2. any Parties’ losses and/or lost profit of the Customer and/or third parties;

5.1.3. the prolongation of the term of the Services, in case of absence of the active consent from the Customer.

5.2. Each Party shall bare responsibility for failure to perform or inappropriate performance of the obligations by one of the Parties according to the Agreement.

5.3. In case there are claims, suits, fines from the side of third parties and/or controlling organs, connected with infringing the rights of third parties when providing Services according to this Agreement, this is the sole Customer’s responsibility to solve such issues on its own, without referring to the Company, and has to compensate the Company in full scope any losses, including fine sanctions resulting from the infringement the rights, duties, guarantees etc. mentioned above.

5.4. The Company isn’t responsible for the actions or the inaction and the decisions of governmental and other entities regarding the fulfillment of the current Agreement.

6. CONDITIONS AND THE SERVICES PROVISION

6.1. According to the subject of this Agreement the Company provides the Services as a result of explicitly expressed will of the Customer.

6.2. The Customer chooses the options offered on the Site, which suits best to the Customer.

6.3. The Customer receives payment request for the chosen Services. After the confirmation of the payment stipulated in the invoice, this offer is considered to be fully accepted.

6.4. The Customer opts out of its right to cancel the purchase if the access to the information located on the website has been delivered. Due to the nature of this Service, the resulting product is an information sensitive to disclosure, and therefore the refund to the Customer is possible only in the circumstances when the prepaid Service was not performed. It is not possible to cancel the purchase after the access to the information provided by the Service has been granted to the Customer.

6.5. In case there are any questions, inquiries, complaints, suggestions, objections and other forms of feedback regarding the performance of Services, the Customer may contact the Company via the phone number, or the email specified by the Agreement.

66.6. The prices are determined proportionally to the amount of services ordered by the Customer. The standard price is calculated in accordance with the remuneration scales published on the Site and as amended from time to time without prior notice to the Customer. PLEASE NOTE that your bank

7. CHANGES TO AND TERMINATION OF THE AGREEMENT

7.1. The Agreement is active since the moment of publishing on the official website of the Company, becomes binding since the moment it is accepted by the Customer.

7.2. The Agreement can be terminated after the Customer files a request to delete one’s profile from the Site. The Agreement can be also terminated by the Party if the other Party fails to fulfil its duty.

7.3. In case of the significant violation of the provisions of the Agreement by one of the Parties, the other Party has the right to unilaterally terminate the Agreement.

7.4. When the Agreement is terminated, all the Customer’s information is kept in the Company during the term established by the internal rules and a relevant legislation.

7.5. The current Agreement can be changed or modified by the Company unilaterally for all Customers with a publication of the new version on the official website of the Company. In case the Customer does not agree with the changes, the Customer shall not use the Services.

8. WARRANTIES

8.1. Excluding warranties mentioned in this Agreement text, the Company does not provide any other direct or indirect guarantees at this Agreement.

8.2. The acceptance of the conditions of the current Agreement by the Customer proves and guarantees to the Company that:

8.2.1. In case the Customer will receive an incorrect data or materials, and still decides to use them the Customer has full responsibility for any negative consequences, related to provision of such Services by the Company;

8.2.2. The Customer accepts the Agreement voluntarily, and this proves that:

8.2.2.1. the Customer has read the current Agreement,

8.2.2.2. the Customer has understood the conditions specified in the current Agreement,

8.2.2.3. the Customer has understood all the provisions of the Agreement and consequences of his actions or negligence regarding the conclusion and fulfillment of the Agreement;

8.2.3. The Customer has all the right and permissions, needed to establish and accomplish the Agreement by the Customer.

8.3. The guarantees mentioned in the Agreement act for the unlimited period of time and shall survive the termination or expiration of this Agreement.

9. EXCLUSION AND LIMITATION OF LIABILITY

9.1. The Company shall in particular not be liable for any loss of any kind suffered or incurred by the Customer:

9.1.1. as a result of the Customer negligence;

9.1.2. in case of use by a third party of the Customer’s login and password either communicated to this third party by the Customer or obtained by the third party by an abusive/fraudulent manner;

9.1.3. in case the Company imposes limits or preconditions.

9.2. The Company assumes no liability towards the Customer for the ability of the Site to meet the user's requirements, be error-free, or operate without interruption, or that information transmitted through the communication means shall be accurate or timely. The Company shall also assume no liability for other users of the Services or any employees of the Company to perform as expected.

10. WAIVER

10.1. THE SERVICES PROVIDED BY THE SPORTLAB.AI ARE NOT RELATED TO GAMES OF CHANCE, GAMBLNG OR BETTING, AND USERS CANNOT INCUR MONETARY LOSSES BY THE SOLE USE OF THE SERVICES. SPORTLAB.AI DOES NEITHER PROVIDE GAMBLING, BETTING OR INVESTMENT ADVICE NOR ENCOURAGES MENTIONED ACTIVITIES. SPORTLAB.AI IS NOT A REGISTERED GAMBLING, BETTING OR INVESTMENT ADVISOR.

10.2. IN NO EVENT SHALL SPORTLAB.AI, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY OR TO ANYONE ELSE FOR ANY KIND OF FINANCIAL LOSS, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY OTHER SIMILAR DAMAGE OR ANY OTHER LOSS OR INJURY, RESULTING DIRECTLY OR INDIRECTLY FROM USE OF THE SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SITE AND ANY CONTENT ON THE SITE. ANY UNSOLICITED USE OF AFOREMENTIONED INFORMATION YOU DO AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF

11. FORCE-MAJEURE

11.1. The Customer understands and agrees that the provision of the Services depends on the availability and technical capabilities of the Company, the state of the Internet and is also regulated by legal requirements. In this regard, the Company may establish the conditions and restrictions for the use and provision of the Services, in connection with which there may be restrictions in the provision of the Services, as well as the impossibility of their provision.

11.2. The Company is relieved from a responsibility for not accomplishing or inadequate performance of their duties according to the current Agreement, caused by the irresistible power (force-majeure), which happened after the conclusion of the current Agreement. In order for such circumstances to have an unusual character the Company and Customer could neither foresee nor overcome such circumstances by the reasonable actions. Such conditions include: floods, fire, earthquake and other natural effects, war, armed conflicts or any military activity, acts or actions of the competent bodies, governmental bodies and any other similar conditions, which are not under control of the Parties.

11.3. If the obstacles of the force-majeure last for more than 3 months, any Party can terminate the current Agreement.

12. DISPUTE SETTLEMENT

12.1. All disputes arising from the Agreement or in connection with it shall be resolved by the Parties in the mandatory pre-trial negotiation procedure.

12.2. The Party that received the claim must return an answer to it to the other Party within (30) thirty business days of the receipt.

12.3. If the dispute or claim cannot be resolved in a negotiation procedure, it should be referred to the binding arbitration administered by The London Court of International Arbitration. The place of the arbitration is London, United Kingdom. The arbitrator shall be one, the language is English. The Customer waives the right to participate or maintain any class action, class arbitration suit, or other representative action or proceeding. The Customer unconditionally waives the right to court trial by entering this binding Arbitration.

12.4. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company may be commenced only in the courts located in England. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

13. OTHER CONDITIONS

13.1. The Company does not accept any provisions, obligations or duties regarding the subject of the Agreement, excluding the ones listed in the Agreement, which regulate the accomplishment of the Agreement, excluding the cases when such provisions, obligations or duties are stipulated in a written form and are signed by the Company and the Customer. In case any other provision contradicts to the provisions of this Agreement, the provisions of this Agreement shall prevail.

13.2. If any of the conditions of the Agreement is considered void, illegal or cannot be in force because of the relevant legislation, such condition should be disregarded, while the other terms and conditions of the Agreement do not change and are still in force.

13.3. Any existing agreements with identical subject made between Parties before conclusion of this Agreement are terminated since the moment of conclusion of the given Agreement.

If you still have questions regarding this Agreement and/or SportLab.AI, please contact us via the following email: info@sportlab.ai

Company’s contacts and geographical address: info@sportlab.ai, Vozdvyzhens'ka St, 36 Kyiv, Ukraine 01025