Public Agreement (Offer)

1. General Provisions

1.1. This document constitutes a public offer (Offer) of LIMITED LIABILITY COMPANY “Lie Detection Group” (hereinafter referred to as the Contractor) regarding the conclusion of an Agreement for the provision of information services (hereinafter — the Agreement) under the terms and conditions set forth in this Offer.

1.2. In accordance with Article 638 of the Civil Code of Ukraine, if an individual or legal entity accepts the terms and conditions set forth in the Offer, such acceptance constitutes acceptance of this Offer and the person becomes the Customer under the terms of this Offer. Acceptance of the Offer is equivalent to the conclusion of the Agreement under the terms and conditions specified in the Offer.

2. Definitions and Terms

2.1. The terms used in this Agreement shall have the following meanings:

• 2.1.1. Offer – this public agreement published on the Internet on the official website of the Contractor.
• 2.1.2. Acceptance of the Offer – full acceptance by the Customer of the proposal to conclude this public agreement in accordance with the procedure and under the conditions established by this public agreement.
• 2.1.3. Customer – an individual or legal entity that has accepted the Offer in order to receive the services provided for by this Offer.
• 2.1.4. Services – conducting interviews using a computer polygraph according to a comprehensive program with persons referred by the Customer to the Contractor for conducting such interviews and who have provided their consent to undergo such interviews.

3. Subject Matter of the Agreement

3.1. The subject matter of the Agreement is the paid provision of Services by the Contractor under the conditions and in accordance with the procedure provided for by the Offer.

3.2. The number of interview participants, place, time, and date of their conduct shall be agreed upon separately and in advance by the parties.

3.2.1. Changes to the date, start time of interviews, and replacement of examined persons are possible only by mutual agreement of the parties and only in advance.

3.3. The types of interviews conducted by the Contractor, their cost, the number of persons being examined, and the list of issues to be clarified during the interview shall be agreed upon with the Contractor in advance, based on the mutual consent of the parties, requirements and recommendations for conducting interviews, as well as the Contractor’s duly approved internal documents (regulations, orders, instructions, protocols, standards).

3.4. The information obtained as a result of the provided Services is the exclusive property of the Customer. In accordance with the current legislation of Ukraine, the results of interviews are confidential information, belong to the category of “commercial secret”, and are subject to disclosure or use only in accordance with the applicable legislation.

4. Rights and Obligations of the Parties

4.1. The Contractor has the right to:

• 4.1.1. Provide Services in accordance with the requirements and recommendations for conducting special psychophysiological examinations using a polygraph, as well as internal documents (regulations, orders, instructions, protocols, standards) duly approved.
• 4.1.2. Engage employees of its enterprise or third parties (specialists, experts, etc.) to provide Services, assuming responsibility to the Customer for their actions.
• 4.1.3. For the purpose of its own security, conduct audio and/or video recording of interviews conducted using a computer polygraph. The results of such recordings are confidential and may not be transferred to anyone. Audio and video recordings shall be destroyed in compliance with the necessary security measures to prevent their access by third parties, in accordance with the procedure and within the timeframes established by the Contractor’s internal documents.
• 4.1.4. Receive from the Customer all information necessary for the provision of Services in the scope and within the timeframes that allow proper preparation for conducting interviews.
• 4.1.5. Refuse to provide Services unilaterally in the following cases:
  • the examined person refuses to undergo an interview using a computer polygraph;
  • the examined person has not reached the age of 18;
  • the examined person is a woman who is pregnant;
  • the examined person suffers from severe forms of somatic, neurological, or other diseases that may result in the inability to properly provide the Services;
  • the examination is aimed at determining sexual, religious, political, or national information;
  • the examined person is under the influence of alcohol or drugs, experiencing withdrawal syndrome (hangover), or is in another condition that makes the provision of Services impossible;
  • the questions clarified during the interview constitute a state secret of Ukraine or fall within the exclusive competence of law enforcement authorities;
  • the Customer has provided inaccurate or incomplete information about the subject of the examination or the examined person, the absence or unreliability of which may affect the provision of Services.

4.2. The Contractor shall:

• 4.2.1. Arrive at the agreed time at the location where the interview using a computer polygraph is to be conducted and perform the agreed number of examinations.
• 4.2.2. Provide Services in accordance with the terms of this Offer.
• 4.2.3. Within the timeframe agreed upon by the parties, process the data obtained during the interviews, prepare Conclusions based on the results, and provide them to the Customer.

4.3. The Customer has the right to:

• 4.3.1. Receive the results of interviews using a computer polygraph in a timely manner and in the form agreed upon by the parties.
• 4.3.2. Refuse further receipt of Services under the Agreement, provided that the Customer fully reimburses the Contractor for the expenses incurred and the cost of the actions and measures actually performed by the Contractor to fulfill the terms of the Agreement.

4.4. The Customer shall:

• 4.4.1. Comply with the terms of the Agreement.
• 4.4.2. In case interviews are conducted on the Customer’s premises, provide a room with an area of at least 10 sq. m. and create the necessary working conditions — a separate room with appropriate sound insulation, a desk, two chairs, a 220V power source, and maintaining a comfortable temperature regime.
• 4.4.3. In case interviews are conducted on the Customer’s premises, ensure or pay for transportation of the Contractor’s employee to the place of the interviews. If interviews are conducted in a city other than Kyiv, pay business trip expenses in the amount of UAH 500 per one day of business travel.
• 4.4.4. Before conducting an interview using a polygraph, familiarize the examined persons with the conditions, rules, and contraindications regarding the interview procedure.
• 4.4.5. Provide the Contractor in advance with complete and necessary information about the examined persons and the circumstances of the case.
• 4.4.6. Agree in advance with the Contractor on the date and time of the interviews, the topics and scope of questions to be clarified, and the list of persons subject to examination.
• 4.4.7. Ensure the appearance of the persons being examined and be responsible for the actions of such persons.
• 4.4.8. Pay for the provided Services within the terms and in accordance with the conditions of the Agreement.

5. Service Fees and Payment Procedure

5.1. The total cost of the Services provided by the Contractor under the Agreement shall be determined in accordance with the approved service price list published on the Internet at: https://liedetection.com.ua/prise/.

5.2. The total cost of the Services shall be calculated by the Contractor excluding VAT.

5.3. Payment shall be made for the examinations actually conducted and properly documented.

5.4. Taking into account the complexity of the examination, the estimated time required for its conduct, and related circumstances, the cost of the Services may be adjusted by mutual agreement of the parties.

5.5. Services are provided on the basis of 100% advance payment.

5.6. The Customer undertakes to pay for the Services before receiving a written or oral conclusion based on the results of the interview using a computer polygraph.

5.7. Payment for the provided Services shall be made by transferring funds to the Contractor’s settlement account.

5.8. In order to reserve the required start time for the provision of Services, the Customer undertakes to make a payment in the amount of 50% of the total cost of the Services as a deposit.

5.9. In case of refusal by the Customer or the examined person to conduct the interview, failure of the examined person to appear, appearance of the examined person for the interview in an improper physical and/or psychological condition, or in case of refusal by the Contractor to provide Services in accordance with clause 4.1.5. of the Offer, the deposit specified in clause 5.8. of the Offer shall not be refunded to the Customer and shall remain the property of the Contractor.

6. Procedure for Conclusion and Term of the Agreement

6.1. The Agreement shall be deemed concluded from the moment of acceptance of the Offer by the Customer.

6.2. The Customer accepts the Offer by making an advance payment or deposit to the Contractor’s settlement account.

6.3. Acceptance of the Offer by the Customer in accordance with clause 6.2. of the Offer creates an Agreement between the Contractor and the Customer under the terms of the Offer (Article 642 of the Civil Code of Ukraine).

6.4. The Agreement shall enter into force from the moment of acceptance of the Offer by the Customer and shall remain valid until the parties fully fulfill their obligations under the Agreement, namely payment by the Customer of the cost of the Services and provision by the Contractor of Services in the amount corresponding to their cost, or until termination of the Agreement under the conditions provided by the Offer.

6.5. The Contractor reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time at its own discretion. In case the Contractor makes changes to the Offer, such changes shall enter into force from the moment the amended text of the Offer is published on the Internet on the official website of the Contractor, unless another effective date of the changes is additionally specified at the time of such publication.

6.6. The Customer agrees and acknowledges that amendments to the Offer result in corresponding amendments to the Agreement concluded and currently valid between the Customer and the Contractor, and such amendments to the Agreement shall enter into force simultaneously with such amendments to the Offer.

6.7. In case of withdrawal of the Offer by the Contractor during the term of the Agreement, the Agreement shall be deemed terminated from the moment of withdrawal, unless otherwise specified by the Contractor at the time of withdrawal of the Offer.

6.8. Termination of the Agreement before the parties fully fulfill their obligations is possible only by mutual agreement of the parties or under the conditions of the Offer.

7. Liability of the Parties

7.1. For failure to perform or improper performance of obligations under the Offer, the parties shall be liable in accordance with the applicable legislation of Ukraine.

7.2. In case of failure to perform or improper performance of its obligations by a party, the party that has committed such non-performance shall compensate for the losses caused thereby.

7.3. Employees of the Contractor shall not have the right to disclose and/or transfer to third parties any information that became known to them in the course of providing Services under this Offer, as well as personal data of the examined persons.

7.4. The list of information constituting commercial or official secrets shall be determined by the Customer.

7.5. The list of information that cannot constitute a commercial secret is determined by Resolution of the Cabinet of Ministers of Ukraine No. 611 dated 09.08.1993.

7.6. The list of information that the Customer classifies as a commercial secret may be determined by a separate agreement between the parties, concluded by mutual consent of the parties.

7.7. In case the Customer refuses to receive the Services before their full payment, if the Contractor has started performing or has performed actions aimed at providing the Services, which resulted in expenses of funds, working time of its employees, or any other monetary or non-monetary expenses, the Customer undertakes to reimburse such expenses in full.

7.8. If the Customer has provided incomplete or inaccurate information, or intentionally concealed significant facts relevant to the provision of Services, resulting in the impossibility of providing reliable Services, the Customer shall pay a penalty in the amount of 100% of the cost of the Services. At the same time, the Customer shall not be released from the obligation to pay for the Services actually provided or any other payments stipulated by the Offer.

7.9. The Customer shall bear full responsibility for the actions or omissions of the examined persons referred by the Customer for the interview, which caused any losses, monetary or non-monetary expenses, or damage to the Contractor.

7.10. If the actions or omissions of the Customer, or the actions or omissions of the examined persons referred by the Customer for the interview, caused any losses, monetary or non-monetary expenses, or damage to the Contractor, the Customer shall reimburse such losses, expenses, or damage in full.

7.11. The costs of working time reserved by the Customer, as a result of which the Contractor was unable to provide Services to other Customers during such time, shall be considered non-monetary alternative costs for the purposes of clause 7.10. of this Offer and shall be subject to reimbursement if the Customer refuses to receive the Services or refuses to pay for the Services received, as well as if, due to any actions of the examined person referred by the Customer for the interview or the Customer, the Contractor was unable to provide the Services under the Agreement.

8. Dispute Resolution Procedure

8.1. All disputes and disagreements related to the Offer (Agreement) shall be resolved by the parties through negotiations.

8.2. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court proceedings.

9. Personal Data

9.1. By entering into this Agreement, the parties grant each other the right and consent to process their personal data indefinitely in accordance with the Law of Ukraine “On Personal Data Protection”. For the purposes of this clause, the personal data of the Parties shall include the personal data of the Parties’ representative(s), their officials, owners/founders and/or shareholders/participants, examined persons, and any other persons whose data became known to the Contractor in the course of providing Services. The use and dissemination of information constituting personal data shall be carried out exclusively within the scope necessary for the performance of this Agreement and compliance with the applicable legislation of Ukraine.

9.2. By accepting the Offer, the parties confirm that all provided information constituting personal data has been provided by the Parties on lawful grounds and that they have the right to use and dispose of such information.

10. Force Majeure

10.1. The parties shall be released from liability for partial or complete non-performance or improper performance of obligations under this Offer if such non-performance or improper performance is caused by force majeure circumstances, i.e., extraordinary and unavoidable circumstances that the parties could neither foresee nor prevent (force majeure circumstances), including but not limited to: fires, floods, earthquakes, strikes, mass disturbances, riots, wars, actions of state authorities, and other circumstances that make it impossible for the parties to fulfill their assumed obligations, provided that such circumstances directly affected the performance by the parties of their obligations under the Offer.

10.2. In case force majeure circumstances occur during the term of this Agreement, the performance of obligations under the Offer shall be postponed for the duration of such force majeure circumstances.

10.3. A party that is unable to perform its obligations under the Offer shall immediately, but no later than 3 (three) calendar days after the occurrence of force majeure circumstances, notify the other party thereof in writing or through the communication channels designated by the parties. The same applies to the moment of termination of the force majeure circumstances. Failure to timely notify about the occurrence of force majeure circumstances deprives the respective party of the right to subsequently refer to the above circumstances as grounds for exemption from liability for full or partial non-performance or improper performance of obligations assumed under this Agreement. The occurrence of force majeure circumstances must be confirmed by a certificate issued by the relevant competent authority.

11. Special Conditions

11.1. The Customer agrees that, based on the results of an interview using a computer polygraph, the expert-polygraph examiner may draw conclusions and prepare a conclusion based on the results of the interview in one of the following three forms:

• 11.1.1. A positive conclusion regarding the awareness of the examined person about the details and circumstances of the event under examination, or regarding the fact that such person performed specific actions in the situation under examination, or regarding the presence of deliberately concealed significant information when answering specific questions.
• 11.1.2. A negative conclusion regarding the lack of awareness of the examined person about the details and circumstances of the event under examination, or regarding the fact that such person did not perform specific actions in the situation under examination, or regarding the absence of deliberately concealed significant information when answering specific questions.
• 11.1.3. A conclusion stating that the reactions of the examined person do not allow for a confident negative or positive conclusion regarding the person’s awareness or involvement in certain actions, or regarding the presence/absence of deliberately concealed significant information when answering specific questions.