User Agreement (public offer)

This English text is a courtesy translation. The Russian-language version of
this document is the governing version and prevails in the event of any
discrepancy.

This User Agreement (the "Agreement") is an official public offer by Probabilistic Solutions, LLC (the "Provider") to conclude a contract for the use of the Nash Lab service on the terms set out below.

Use of the Service, including registration of an account and/or placing a mark accepting this Agreement, is deemed acceptance of the offer and means full and unconditional acceptance by the User of the terms of this Agreement.

1. Terms and definitions

and associated compute services) providing marketing-mix modeling analytics tools, access to which is provided by the Provider.

the Service.

Service.

2. Subject matter of the Agreement

2.1. The Provider grants the User the right to use the Service to the extent and on the terms provided by this Agreement and the selected plan.

2.2. The Service provides functions for uploading marketing and results datasets, building statistical (Bayesian) marketing-mix models, displaying and exporting modelling results, and managing workspaces and members.

2.3. The Service is provided on an "as is" and "as available" basis. The Provider may modify, supplement and develop the functionality of the Service.

3. Account and registration

3.1. To use the Service, the User creates an account and provides accurate data required for registration.

3.2. The User must keep their credentials confidential and is responsible for all actions performed using their account.

3.3. Processing of the User's personal data is carried out in accordance with a separate document — the Consent to the Processing of Personal Data (pd_consent).

4. Acceptable use

4.1. The User undertakes to use the Service in accordance with the legislation of the Russian Federation and the terms of this Agreement.

4.2. The User is prohibited from:

the Service, other users' accounts, or the workspaces of other tenants;

processing infringes the rights of third parties or the requirements of the law;

to commit other unlawful acts;

for in this Agreement.

4.3. The User warrants that it has a legal basis for uploading and processing the User Data, including data containing the personal data of third parties. With respect to such data, the User acts as the operator (or another person determining the purposes of processing), and the Provider processes it on the User's instructions to the extent necessary for the operation of the Service.

5. Rights to results and data

5.1. The exclusive rights to the Service, its software and elements belong to the Provider and/or its licensors.

5.2. User Data remains the property of (belongs to) the User. The User grants the Provider the right to process the User Data solely for the purpose of providing the Service.

6. Limitation of liability

6.1. The Service produces the results of statistical modelling, which are estimative and probabilistic in nature. Such results are not a guarantee, advice or a recommendation and do not replace the User's own analysis and decisions. The Provider is not liable for decisions made by the User on the basis of results obtained through the Service.

6.2. To the maximum extent permitted by law, the Provider is not liable for lost profit or for indirect, incidental or consequential losses arising in connection with the use of, or inability to use, the Service.

6.3. The Provider does not guarantee uninterrupted or error-free operation of the Service and may suspend access to the Service for maintenance.

7. Term and termination

7.1. The Agreement takes effect upon acceptance and remains in force for the entire period of the User's use of the Service.

7.2. The User may cease using the Service and delete their account at any time.

7.3. The Provider may suspend or terminate provision of the Service (in whole or in part) and/or terminate the Agreement unilaterally if the User breaches the terms of this Agreement or the requirements of the law.

8. Changes to the terms

8.1. The Provider may change the terms of this Agreement. The current version is posted within the Service. Material changes result in the assignment of a new document version.

8.2. Continued use of the Service after a new version takes effect means the User's agreement to the amended terms. If a change affects the terms of personal data processing, consent must be obtained again.

9. Governing law and dispute resolution

9.1. This Agreement is governed by the law of the Russian Federation.

9.2. Disputes arising out of or in connection with this Agreement shall be resolved through negotiation and, failing agreement, in the court at the Provider's location, unless otherwise established by the mandatory provisions of the legislation of the Russian Federation (the Arbitrazh Court of the City of Moscow).

10. Final provisions

10.1. The invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions.

10.2. For matters relating to this Agreement, the User may contact the Provider at the email address info@probabilistic.ru.

11. Language of the document

This document is executed in Russian and English. In the event of any discrepancy between the Russian and English versions, the Russian version shall prevail and have governing legal force.