Public Service Agreement (Offer)

This Agreement is a legally binding public offer under which the Contractor undertakes to render, and the Client undertakes to accept and pay for, professional technical and creative services. It is not an employment contract, partnership, joint venture, franchise, or agency relationship. It does not create any fiduciary duty. Each engagement is documented by a Statement of Work ("SOW") that incorporates this Agreement by reference; in case of conflict, the Statement of Work governs for that specific project, and this Agreement governs all other matters.

"Services" — the work described in Section 2 and detailed in a Statement of Work. "Deliverables" — the results of the Services (code, sites, fixes, integrations, designs, files) delivered to the Client. "Statement of Work (SOW)" — a written brief (email, document, or web form) defining scope, timeline, and price for a specific project. "Fees" — the amounts payable for the Services. "Oracle" — the automated website compliance scanner operated by the Contractor.

Compliance-remediation Services are technical services aimed at reducing identifiable technical exposure. They are NOT legal advice, legal representation, a legal audit, or a certification of compliance with any law, standard, or regulation (including ADA, WCAG, CCPA/CPRA, HIPAA, GDPR, TCPA, or others). AIfaFocus scan and any report are automated heuristic analyses provided for informational purposes. The Contractor is not a law firm, licensed auditor, or regulatory authority. The Client remains solely responsible for its legal compliance and is strongly advised to consult qualified professionals.

In-depth technical assessment (crawling internal pages, identifying software versions, checking for exposed service files, analysing forms) is performed ONLY after acceptance of this Offer and only against the domain named in the Statement of Work. By accepting the Offer the Client confirms authority over that domain and authorises such assessment. The Contractor does NOT perform: password or credential guessing; load or resilience testing; submission of malicious payloads to forms; attempts to bypass protective measures; downloading the contents of any exposed service files — their presence is recorded only. The free check is limited to publicly available information and requires no authorisation.

The Contractor may use artificial-intelligence systems, automated tooling and subcontractors in performing the Services, and remains responsible to the Client for the result within the limits of Section 9. The Client acknowledges and agrees to this. Legal treatment of works created with the participation of artificial-intelligence systems differs between jurisdictions; the Contractor does not warrant that copyright or any other exclusive right arises in any particular jurisdiction in respect of such material, and the Client is responsible for verifying the fitness of the Deliverables for its own purposes before relying on them.

Any request beyond the agreed Statement of Work (scope creep, added features, extra revision rounds, redesigns, new pages) constitutes additional work subject to a separate quote and Fees. The Contractor is entitled to reasonably adjust timelines and Fees to reflect changes requested by the Client or caused by inaccurate/incomplete information supplied by the Client.

All Fees are net amounts. The Client bears all taxes, duties, bank charges, currency-conversion costs, payment-processor fees, and blockchain/network fees associated with payment. If any withholding is required by the Client's jurisdiction, the Client shall gross up the payment so the Contractor receives the full net amount.

Deposits and payments for work already performed are non-refundable, as they compensate reserved time and delivered effort. Because the Services are bespoke digital work created specifically for the Client, statutory withdrawal/cooling-off rights (where they would otherwise apply) are, to the extent permitted by law, waived once performance has begun with the Client's consent. Initiating a chargeback or payment dispute for services rendered is a material breach; the Contractor may suspend all work, revoke licenses to Deliverables, and pursue recovery of amounts due plus costs.

Overdue amounts may accrue interest at the lower of 1.5% per month or the maximum permitted by law. The Contractor may suspend Services, deployments, and support while any amount is overdue, without liability for resulting delay.

The Client warrants that it has the right and authority to engage the Contractor and to grant access to the relevant systems; that all materials it supplies are lawful and do not infringe third-party rights; and that its use of the Deliverables will comply with applicable law. The Client is solely responsible for the legality of the content, business, and data it operates.

The Client is solely responsible for backing up its own data, websites and accounts before work begins and throughout the engagement. The Contractor is not the Client's archive: working files, sources and intermediate materials are retained by the Contractor for at least ninety (90) days after delivery of the relevant Statement of Work and may be deleted thereafter without separate notice. The Client may request transfer of such materials within that period. Where the Client supplies credentials or access, the Client warrants it is entitled to do so and shall revoke them promptly once the work is complete.

The Contractor retains all rights to its pre-existing materials, know-how, methods, frameworks, libraries, tools, and generic components used to produce the Deliverables, and grants the Client a non-exclusive, perpetual license to use them solely as embedded in the Deliverables. Third-party assets (fonts, stock media, plugins, APIs) are licensed to the Client on the third party's terms and at the Client's cost.

The Contractor may display the non-confidential Deliverables and reference the engagement in its portfolio, case studies, and marketing, unless the Statement of Work expressly states otherwise in writing. The Contractor may also publish anonymised before-and-after audit results — numeric scores and the list of items remediated, without the domain, name or any other detail identifying the Client — unless the Statement of Work expressly states otherwise in writing.

All intellectual property, trademarks, trade names, logos, domain names, source code, content, and brand of the CODE Eternal ecosystem — including the websites codeofdigitaleternity.com, aifa.works, aifa.digital, and radiocode.space, the names 'CODE', 'CODE Eternal', and 'AIfa', and the $GALATIN token — are and remain the sole and exclusive property of Maksim Valentinovich Galatin. Nothing in this Agreement, in any Statement of Work, or in the provision of the Services transfers, licenses, or grants to the Client any right, title, or interest in the ecosystem's brand, trademarks, or intellectual property, other than the specific Deliverables paid for and expressly assigned under Section 6.1. The Client shall not use, register, imitate, or contest any of the foregoing.

The Statement of Work may include a defined number of revision rounds addressing conformity with the agreed scope. Revisions beyond that number, or outside the agreed scope, are additional work under Section 3.2.

Any stated turnaround (including a 48-hour remediation window) starts only once the Client has provided everything required to begin: written approval of scope, working access to the site's administration, working access to DNS where DNS changes are in scope, and a technical contact able to answer within one business day. Time during which the Contractor is waiting on the Client does not count toward the turnaround. A remediation window is a commitment to perform the agreed work within that time — it is not a representation that the site will thereafter comply with any law, standard, or regulation (see Section 3.3).

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including: outage or degradation of the Client's hosting, CDN, registrar, DNS provider, or third-party services; changes made to the site by the Client or its other contractors during the work; a proprietary or closed platform that does not permit the required change; refusal or delay by a third-party provider; loss of connectivity; acts of government; and natural events. The affected party will notify the other promptly and resume performance as soon as practicable. If such an event prevents performance for more than fourteen (14) days, either party may terminate the affected Statement of Work, and the Contractor will refund fees for work not performed.

Unless the Statement of Work expressly agrees otherwise, remediation covers: one domain and its primary subdomain; up to twenty (20) unique pages; a standard, supported platform or content management system on a current version. Sites beyond this scope, closed or bespoke platforms, storefronts with generated product pages, localized copies beyond one language, and separate subdomains are quoted and billed separately under 3.2. The Contractor notifies the Client before starting work if the actual scope exceeds what was agreed.

The Contractor does not warrant any specific business, legal, regulatory, ranking, traffic, conversion, revenue, or performance outcome. Remediation reduces but does not eliminate legal or technical exposure and does not guarantee freedom from claims, fines, or litigation. Search-engine rankings, third-party platform behavior, and AI-model outputs are outside the Contractor's control.

The Contractor does not represent or warrant that any regulator, court, insurer, payment provider, auditor or other third party will assess the site, the report or the completed work the same way the Contractor does. The Contractor's reports and scores reflect a technical check as of the date it was performed; they are not a legal opinion, a certificate of compliance, or evidence in anyone's favour.

The report separates findings into confirmed and requiring verification. A finding is confirmed when it rests on an observable fact — the Client's own server response, page content, or a domain-name record — which the Client can re-check independently. Observations produced by language models or heuristics are marked as requiring verification. Under a Statement of Work the Contractor remediates confirmed findings; work on observations requiring verification is agreed and billed separately.

IN NO EVENT SHALL THE CONTRACTOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY. Some jurisdictions do not allow certain exclusions; in such case liability is limited to the smallest amount permitted by law.

Any claim relating to the Services must be brought within fourteen (14) calendar days after the Deliverable was received or the Service performed, failing which it is permanently waived, to the extent permitted by law.

On termination, the Client shall pay for all Services performed and costs incurred up to the termination date. Sections concerning payment, IP, disclaimers, liability, indemnity, confidentiality, and dispute resolution survive termination.

This Agreement, its formation, interpretation and any non-contractual obligation arising out of it are governed by the law of the REPUBLIC OF ECUADOR, where the Contractor is resident, without regard to conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Any dispute not resolved amicably shall be finally settled by binding arbitration ADMINISTERED BY THE CENTRE FOR ARBITRATION AND MEDIATION OF THE QUITO CHAMBER OF COMMERCE (Centro de Arbitraje y Mediación de la Cámara de Comercio de Quito) under its Rules in force, by a SOLE ARBITRATOR, deciding in law (en derecho). THE SEAT OF THE ARBITRATION IS QUITO, ECUADOR. Ecuador is a party to the 1958 New York Convention, so the award is enforceable in over 170 states.

The proceedings are conducted IN WRITING AND BY VIDEOCONFERENCE. NO PARTY MAY BE REQUIRED TO APPEAR IN PERSON at any hearing, and no Party bears the other's travel costs. The seat named in 14.3 is a legal concept, not a geographic obligation: hearings and deliberations may take place anywhere or remotely without changing the seat.

The language of the arbitration is SPANISH, or ENGLISH if both Parties so agree. Documents in English are admissible WITHOUT TRANSLATION; a Party requiring a translation of any document bears its cost.

Where the total amount in dispute is below USD 50,000, the arbitration is conducted on a DOCUMENTS-ONLY basis under the expedited procedure of the applicable Rules, with no oral hearing unless the arbitrator considers one indispensable.

The unsuccessful Party bears the costs of the arbitration, including the administrative fees, the arbitrator's fees and the reasonable legal representation costs of the successful Party, unless the arbitrator decides otherwise for good reason.

FOR CLAIMS SEEKING PAYMENT OF FEES DUE, the Contractor may, at its sole option, instead bring proceedings before the competent courts of the Client's domicile or of any place where the Client holds assets, and the Client submits to that jurisdiction. This option belongs to the Contractor only. If the law applicable in a given forum does not recognise a unilateral option clause, only this Section 14.8 is affected and the remainder of Section 14 stays in force.

Records anchored to a public blockchain (including Arweave transactions and their timestamps) are admissible as authentic evidence of content and time. NO on-chain or 'decentralised' arbitration protocol is agreed as a forum: awards of such protocols are not covered by the New York Convention and cannot be enforced against assets. Decentralisation governs how the record is kept, not where a monetary dispute is decided.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND TO CONSOLIDATE CLAIMS.

Where the Client is a consumer, SECTION 19 PREVAILS OVER THIS SECTION: arbitration and the waivers above apply only to the extent permitted by the mandatory law of the consumer's country of habitual residence, and the consumer keeps the right to go to the courts of that country.

The Contractor may assign, novate, or transfer this Agreement and any Statement of Work, in whole or in part, to a legal entity that the Contractor establishes or controls in the future (e.g., a company within the CODE Eternal ecosystem), upon notice to the Client and without the Client's further consent. The Client may not assign this Agreement without the Contractor's prior written consent.

Notices may be given by email to the addresses in Section 1.1 and to the Client's contact address. The Parties agree that electronic communications and conclusive actions constitute valid acceptance and signature. This Agreement is provided in several languages for convenience; in case of discrepancy, the English version prevails.

This Agreement is published in English, Russian, Spanish and Chinese. The Client may conclude and correspond in any of these languages. In case of any discrepancy between versions, the ENGLISH text prevails, except where the mandatory law of the Client's country requires the local-language version to prevail for consumers, in which case that version prevails for that Client.

The Contractor retains the Statement of Work, the accepted version of this Agreement and the related correspondence for the duration of the engagement and for the period required by applicable law. On request, the Client receives a copy of the concluded Agreement on a durable medium (e-mail attachment in PDF).

Nothing in this Agreement removes or limits any right that the consumer has under the mandatory law of the country of their habitual residence (Article 6 of Regulation (EC) 593/2008, Rome I). A consumer may bring proceedings in the courts of their own country of residence and may only be sued there (Articles 17-19 of Regulation (EU) 1215/2012, Brussels I bis). The arbitration and class-action provisions of Section 14 apply to consumers only where the law of their country permits.

A consumer in the EU/EEA or the United Kingdom may withdraw from this Agreement within 14 calendar days from the day it is concluded, WITHOUT giving any reason and without incurring any cost other than as stated in 19.4. Many other jurisdictions grant a comparable cooling-off period, which the Contractor honours on the same terms. To withdraw, send an unequivocal statement to contact@codeofdigitaleternity.com (for example: "I hereby withdraw from the agreement of [date] for [service]"). Sending it before the deadline expires is enough. The Contractor confirms receipt without delay and refunds all payments received, using the same means of payment, within 14 days of being informed.

If the consumer wants the work to start during the withdrawal period, the consumer must EXPRESSLY REQUEST IT and acknowledge that: (a) once the Services are FULLY performed with that prior express consent, the right of withdrawal is LOST (Article 16(a) of Directive 2011/83/EU; Regulation 36 of the UK Consumer Contracts Regulations 2013); and (b) if the consumer withdraws while the work is only partly done, the consumer pays an amount proportionate to what was supplied up to that moment, measured against the total price. Without that express request and acknowledgement, work does not begin until the 14 days have passed. If the consumer was never informed of the right of withdrawal, the withdrawal period is extended by twelve months (Article 10 of Directive 2011/83/EU) — which is precisely why this clause exists.

Deliverables must correspond to the description in the Statement of Work and be fit for the purpose stated there. Where digital content or digital services are supplied to a consumer, the conformity remedies of Directive (EU) 2019/770 — repair, price reduction or termination — apply; in the United Kingdom, the equivalent remedies under the Consumer Rights Act 2015 apply. These remedies are free of charge and in addition to any voluntary warranty.

Complaints are addressed to contact@codeofdigitaleternity.com and are answered within 14 days. If the answer does not satisfy the consumer, the consumer may turn to the consumer-protection body or approved alternative-dispute-resolution scheme of their own country; the Contractor will engage with such a body in good faith. Note that the European Commission's online dispute-resolution (ODR) platform CEASED OPERATION on 20 July 2025, so no link to it is given here; national consumer bodies remain available.

The Client represents and warrants that neither it, nor its owners, nor any person for whose benefit the Services are procured, is designated on any sanctions list maintained by the United Nations, the European Union, the United Kingdom, the United States (including the OFAC SDN list) or any other applicable authority, and that it is not located in, nor acting on behalf of a person located in, a comprehensively sanctioned territory. The Contractor may refuse, suspend or terminate any engagement without liability where performance would breach, or create a material risk of breaching, such measures. Amounts already paid for work not performed for this reason are returned.

Deliverables and any technical information supplied may be subject to export-control rules. The Client shall not use, re-export or make available any Deliverable in connection with weapons of mass destruction, military end-use in an embargoed destination, unlawful surveillance of individuals, or any other prohibited end-use, and shall not transfer them to any person where doing so would breach such rules.

Payments must originate from a lawful source and from an account, card or wallet belonging to the Client. For large payments and for settlement in crypto-assets, the Contractor may request reasonable verification of identity and of the source of funds before beginning or continuing work, and may decline a payment that cannot be verified. This mirrors the obligations imposed on payment processors under applicable anti-money-laundering rules.