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AI Use Policy for effie

Last updated 22.03.2026

AI Use Policy for effie

Version 1.1
Last updated: 22.03.2026

This AI Use Policy for effie (Rules) has been drafted, inter alia, in implementation of and taking into account the requirements of Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 (Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024) laying down harmonized rules on artificial intelligence and amending EU Regulations and EU Directives, known as the EU Artificial Intelligence Act / Artificial Intelligence Act (the EU Artificial Intelligence Act).

1. General Provisions

These AI Use Policy for effie (Rules) define the specifics of the use of AI Features (AI functions / functions using artificial intelligence), AI Agents (AI agents / specialized AI modules), AI-assisted features (AI functions with elements of artificial intelligence / functions with partial AI analysis), AI-based recommendations (AI recommendations / recommendations generated by AI), AI-powered image analysis (AI image analysis / image analysis using AI), AI chat / portal functions (AI chat / portal functions), knowledge-based reasoning (analysis based on knowledge materials / logical processing taking into account the knowledge base), prompts (prompts / text instructions for the model), knowledge materials (knowledge materials / training materials), AI Output (AI results / AI-generated results) and other related functions of analysis, verification, support and reporting within the effie Service.

These Rules are mandatory for the Client (Customer), its users, administrators, employees, representatives, contractors and other persons who use the AI Features (AI functions / functions using artificial intelligence) of the effie Service.

In the part relating to the processing of personal data, these Rules shall apply together with the Contract (MSA — Master Services Agreement / master services agreement), the DPA (Data Processing Agreement / data processing agreement), the Privacy Policy and other documents expressly specified by the Contractor or agreed by the Parties.

2. Terms and Definitions

2.1. Contractor — IPLAND LLC, state registration number (EDRPOU) 24579571, Ukraine, as well as any other legal entity that, on the basis of an appropriate license, contract or other legal transaction, has been granted the right to lawfully use, provide, license, sell, implement or support the effie Service and/or its individual modules.

2.2. Client (Customer) — a legal entity, an individual entrepreneur or another person that has entered into the Contract with the Contractor (MSA — Master Services Agreement / master services agreement) in relation to the effie Service and uses the Service for its own business purposes (including users, administrators, responsible persons, employees and other persons who use the Service or are connected with its use on the part of the Client (Customer)).

2.3. effie Service — a software product, hardware and software complex, web portals, mobile application, API (Application Programming Interface / application programming interface), databases, analytical modules, image recognition functions, AI Features (AI functions / functions using artificial intelligence), AI Agents (AI agents / specialized AI modules), reporting, directories, integrations and other components provided under the effie brand.

2.4. AI — Artificial Intelligence (artificial intelligence / technologies that imitate certain human cognitive functions and generate results on the basis of data processing).

2.5. AI Features — AI functions / functions using artificial intelligence within the effie Service.

2.6. AI Agents — AI agents / specialized AI modules within the effie Service, intended for data, photo, rule and knowledge material analysis, generation of recommendations, verification and other related operations.

2.7. AI Act — Artificial Intelligence Act (the EU Artificial Intelligence Act / Regulation (EU) 2024/1689 (Regulation (EU) 2024/1689)).

2.8. Contract (MSA — Master Services Agreement / master services agreement) — the agreement on the provision of the effie Service concluded between the Contractor and the Client.

2.9. AI Transparency Note — AI transparency notice / informational notice that a certain function uses AI (artificial intelligence), and the results of its operation are auxiliary in nature and do not guarantee error-free operation.

2.10. Token (token / technical unit for accounting the consumption of language model computing resources, which is used to measure the volume of input and output data when working with an LLM (Large Language Model / large language model)).

2.11. Customer Data (Client data / any data uploaded, entered, transmitted, synchronized or otherwise used by the Client in the effie Service).

2.12. AI Output (AI result / AI-generated result) — any text, recommendation, conclusion, assessment, notification, mark, analytical or other result generated by AI Features (AI functions / functions using artificial intelligence).

2.13. Human Review (human review / human control) — verification and independent assessment of AI Output (AI result / AI-generated result) by a human before a decision is made.

2.14. Third-Party AI Provider (third party — provider of AI services / external provider of computational, model or cloud infrastructure), including Microsoft Azure, OpenAI or another provider that supplies models, tokens, computing resources or other related services for the functioning of AI Features.

2.15. Hallucination (AI hallucination / generation by AI of a factually incorrect, invented, internally contradictory or misleading result without sufficient factual basis).

2.16. Looping / Stalling / Degenerate Output (looping / stalling / degraded result) — anomalous behavior of AI Features in which the system may repeat the same or a similar result, produce technically incorrect, incomplete or practically unusable responses.

3. Scope of Application and Acceptance of the Rules

3.1. These Rules apply to all AI Features (AI functions / functions using artificial intelligence) of the effie Service, including, but not limited to, AI Merchandising Agent, AI Perfect Store Agent, Image Recognition CCTV Vision Agent, chat with an agent, the knowledge validation module, LLM (Large Language Model)-dependent functions, recommendation functions, analysis functions, and re-check functions.

3.2. The Customer’s signing of the Agreement (MSA — Master Services Agreement / the main services agreement), payment for the services, actual use of the effie Service, as well as ticking a box (checkbox acknowledgement — acknowledgement by placing a mark) or any other click-through acknowledgement (acknowledgement by pressing a button or by another explicit technical action) in the mobile application, web portal, or other interface of the Service, shall be deemed proper and sufficient confirmation that the Customer has familiarised itself with these Rules, has fully and unconditionally agreed to them, and undertakes to ensure their compliance by users on the Customer’s side.

3.3. The Intended Purpose of AI Features (AI Agents AI Merchandising Agent and AI Perfect Store Agent) is primarily to analyse photographs of shelves, products, displays, price tags, POS materials, merchandising standards, and to generate auxiliary recommendations (Next Best Actions / next recommended actions) during a visit to a retail outlet and the like.

AI Agents are not intended for:

  • (a) biometric identification (biometric identification of persons);
  • (b) biometric categorisation (biometric categorisation of persons);
  • (c) emotion recognition (recognition of emotions);
  • (d) automated individual decision-making about natural persons (automated individual decision-making regarding natural persons);
  • (e) profiling of employees or consumers;
  • (f) covert surveillance;
  • (g) use in the field of employment, HR, discipline, compensation, access control, law enforcement, migration, education, essential public services, or insurance scoring (a method of risk assessment in insurance).

4. AI Transparency Note (AI transparency notice / notice of the use of AI)

The Client and the Client’s users are informed and agree that certain functions of the effie Service operate using AI (artificial intelligence), including using an LLM (Large Language Model / large language model), computer vision, image recognition algorithms, rules-based logic and other related technologies.

The Contractor shall have the right to display an AI Transparency Note (AI transparency notice / notice of the use of AI), warnings, onboarding notices, confirmation texts and other disclosure texts in the mobile application, web portal, specialized AI portal, chat with an agent and other interfaces of the Service.

Use of the relevant AI Features after such notices are displayed shall mean confirmation by the Client and/or the Client’s user that they have familiarized themselves with them and agree to the further use of the relevant AI Features within the framework of these Rules.

5. Use of Client Data for Training, Adaptation and Improvement of AI Agents

5.1. Customer Data, prompts, knowledge materials, photos, rules, verification results, and other materials uploaded by the Customer to the Service may be used by the Provider solely for:

  • (a) providing the agreed AI Features to this Customer;
  • (b) customer-specific configuration, validation, testing, debugging, quality control, support, and security monitoring;
  • (c) customer-specific tuning within the Customer’s separate environment or a logically separated processing workflow.

5.2. Unless otherwise expressly agreed by the Parties in a separate written form, the Provider shall not use Customer Data, prompts, knowledge materials, AI Output, and other Customer materials:

  • (a) for the training, further training, or improvement of third-party foundation models or general-purpose AI models;
  • (b) for improving AI Features for other customers in a manner that allows the use or reproduction of a specific Customer’s Customer Data;
  • (c) for creating shared datasets across customers, except where such data has been duly anonymised in advance and its use is expressly permitted by law and agreed by the Parties in writing.

The execution of the Agreement (MSA — Master Services Agreement / the main services agreement), as well as the subsequent upload of Customer Data to the effie Service, shall be deemed the above-mentioned agreement in a separate written form and shall confirm the Customer’s full and unconditional consent that AI Agents (AI agents / specialised AI modules) may be trained, further trained, adapted, validated, configured, and improved on the basis of Customer Data which the Customer uploads, enters, transfers, or otherwise uses in the Service.

5.3. The Provider shall have the right to use aggregated and anonymised technical telemetry solely for cybersecurity, service stability, billing integrity, and general technical analytics, provided that such information does not directly or indirectly allow the identification of the Customer, its employees, contractors, or other individuals.

5.4. Any extended model training, fine-tuning, or reuse of customer data outside customer-specific support for that Customer shall be permitted only on the basis of a separate written opt-in by the Customer.

5.5. Unless otherwise expressly stipulated by the Agreement (MSA — Master Services Agreement / the main services agreement), the DPA (Data Processing Agreement / data processing agreement), or a separate written document, such Customer consent shall be deemed sufficient and shall not require any additional confirmations for each individual case of adaptation, training, or improvement of the relevant AI Features.

5.6. The Customer warrants that it has all necessary rights, permissions, approvals, and other legal grounds to provide the Provider with Customer Data for the purposes defined in this section.

6. Token and the Contractor’s Right to Change the Cost of AI Agents

For certain AI Features, the cost of the Services, including the cost of AI Agents, may directly or indirectly depend on the number of Tokens (tokens / technical units for accounting the consumption of language model computing resources) that are actually used during the operation of the relevant models or third-party services.

The Client confirms and agrees that Third-Party AI Providers (third parties — providers of AI services), including Microsoft Azure, OpenAI or other similar providers, shall have the right independently to establish, change and update prices for Tokens (tokens / technical units for accounting language model consumption), access to models, computing capacity, API (Application Programming Interface / application programming interfaces) and other related services, and the Contractor does not control and does not guarantee the immutability of such prices.

In the event that a Third-Party AI Provider changes the price of Tokens (tokens / technical units for accounting language model consumption), models, API or other related AI services, the Contractor shall have the right unilaterally to change the cost of the relevant AI Features, including the cost of AI Agents, by means of a written notice to the Client, a notice in the Service interface, an e-mail, a support notice or another reasonable method no later than 10 (ten) calendar days before such change becomes effective, unless a different term is established by the Contract.

Continued use of the relevant AI Features after the effective date of the new price shall be deemed the Client’s full and unconditional consent to such change. If the Client does not agree with the new price, it shall have the right to discontinue use of the relevant AI Features before the effective date of the new price by giving written notice thereof to the Contractor.

For the purposes of accounting for Token consumption (tokens / technical units for accounting language model consumption), other AI resources, the number of AI requests (AI requests / requests to the AI model), as well as for billing and dispute resolution purposes, the sole proper source of data shall be the technical journals, logs, telemetry, billing records and other digital records of the Contractor’s Service and/or the relevant Third-Party AI Provider (third party — provider of AI services), unless otherwise expressly agreed by the Parties in writing.

7. Auxiliary Nature of AI Output and No Guarantee of 100% Accuracy

All AI Output (AI results / AI-generated results), including recommendations, assessments, explanations, AI-generated insights (AI-generated analytical conclusions / analytical conclusions generated by AI), AI-generated instructions (AI-generated instructions / instructions generated by AI), Next Best Actions (recommended next actions) and any other results, are of an auxiliary, informational, recommendatory and/or analytical nature.

By their nature, AI Features cannot guarantee 100% correctness, completeness, accuracy, consistency or suitability of a result for any particular purpose in each specific case. AI Features may make mistakes, operate incorrectly, produce a Hallucination (AI hallucination / an invented or misleading result), Looping / Stalling / Degenerate Output (looping / stalling / degraded result), incomplete responses, technically incorrect responses or other erroneous results.

The Client accepts that AI Features may periodically operate unstably due to the characteristics of the models, the quality of input data, user behavior, the quality of photos, prompts (prompts / text instructions), knowledge materials (knowledge materials / training materials), settings, external services and other objective factors.

8. Human Review (human review / human control)

The Client and the Client’s users must not use AI Output (AI result / AI-generated result) as the sole or decisive basis for making any legally significant, personnel, disciplinary, compensation, employment or other decisions regarding natural persons without appropriate Human Review (human review / human control).

The Client shall independently be responsible for organizing Human Review (human review / human control), checking AI Output (AI result / AI-generated result), verifying the context, confirming the correctness of conclusions and making the final decision by a human.

9. Limitation of the Contractor’s Liability for AI Errors

The Contractor shall not be liable for Hallucination (AI hallucination / invented, inaccurate, misleading or contradictory result), Looping / Stalling / Degenerate Output (looping / stalling / degraded result), incomplete responses, technical model failures, temporary instability, classification errors, recommendation errors or other errors of AI Features, unless otherwise expressly established by the Contract in writing.

The Contractor does not guarantee that the Client will achieve any specific commercial, operational, managerial, personnel, financial or other result on the basis of the use of AI Features.

The Contractor shall not be liable for any direct or indirect damages, lost profit, data loss, loss of clients, reputational losses, internal decisions of the Client or actions/omissions of the Client’s users if such consequences are directly or indirectly related to the use, non-use, erroneous interpretation or improper verification of AI Output (AI result / AI-generated result), except in cases of intent or grounds expressly established by law.

In all cases, the Contractor shall be liable only within the limits expressly defined by the Contract, and the Client confirms that AI Features are provided on the principle of assistive functionality (assistive functionality / support functions), and not as a guarantee of error-free automated decision-making.

10. Prohibited Use (prohibited use / impermissible use scenarios)

The Contractor does not use, and the Client and the Client’s users are prohibited from using, AI Features:

  • for emotion recognition (recognition of emotions / determining or assessing a person’s emotional state);
  • for biometric identification (biometric identification of a person / establishing a person by biometric characteristics);
  • for biometric categorisation (biometric categorisation of a person / assigning a person to a category by biometric characteristics);
  • for covert surveillance of natural persons;
  • for social scoring; for exploiting vulnerabilities;
  • for predictive policing;
  • for subliminal techniques, manipulation, and deception;
  • for expanding facial recognition databases;
  • as the sole or decisive basis for disciplinary, personnel, compensation, employment or other decisions regarding natural persons without a separate legal assessment and proper Human Review (human review / human control);
  • in any other manner contrary to the purpose of the effie Service, the Contract, these Rules or applicable law.

11. Customer Responsibilities (Client’s duties and responsibility)

The Client shall independently be responsible for:

  • the existence of a proper legal basis for the collection, uploading, transfer and use of data in the Service;
  • informing its employees, users, representatives, counterparties or other persons if required by law;
  • the lawfulness of a specific use scenario of AI Features (AI functions / functions using artificial intelligence);
  • the lawfulness of decisions made on the basis of AI Output (AI result / AI-generated result);
  • the quality, correctness, completeness and relevance of the uploaded data;
  • compliance with requirements relating to workplace monitoring (monitoring in the workplace / control of employees’ actions in the working environment), CCTV (video surveillance systems / closed-circuit television), geolocation, mobile devices, employment relations and personal data protection.

12. Upload Rules (data upload rules / requirements for uploaded materials)

The Client’s user must not upload to AI Features:

  • documents and data that are not necessary for the agreed business purpose;
  • special categories of personal data (special categories of personal data / sensitive personal data), unless this is lawful, objectively necessary and expressly permitted;
  • images of persons, identification documents, medical data or other sensitive materials, unless they are necessary for an allowed use case (use case / a specific allowed manner of use);
  • harmful, illegal, prohibited, unreliable or technically dangerous content.

13. Operational Limits (operational limits / technical and functional limits of use)

Certain AI Features may be subject to limits and usage modes, including, among other things, the number of photos, the number of recognition objects, the number of SKUs (assortment units / product items), the number of rules, the number of AI requests (AI requests / requests to the AI model), Token consumption (token consumption / large language model consumption), the number of re-checks, the number of routes, visits, sessions or other technically relevant units.

Upon reaching the relevant limit, rate limiting (limitation of request intensity), degraded mode (limited functionality mode), read-only mode (view-only mode), as well as temporary restriction of certain AI Features until the limit is restored or a new usage package is agreed, may apply.

The Contractor shall have the right to change the Third-Party AI Provider (third party — provider of AI services), model, infrastructure or technical architecture of the relevant AI Features if this is justified by security, quality, availability, support, economic expediency needs or by compliance with legal requirements, provided that such decision does not deprive the Client of the essence of the agreed functionality without proper notice, unless otherwise caused by an emergency or critical situation.

14. Subprocessors and Infrastructure (subprocessors and infrastructure / engaged technical partners and processing environment)

For the provision of AI Features, the Contractor may engage technological partners, providers of cloud infrastructure, analytics tools, support services, storage, image recognition, language models, as well as other subprocessors (subprocessors / persons engaged for data processing or technical support of the service) or contractors.

The Client agrees that certain AI Features may function using the infrastructure, software interfaces, models or computing resources of third parties and accepts the technical, operational and commercial specifics related thereto.

In the part relating to the processing of personal data, the engagement of subprocessors (subprocessors / persons engaged for data processing) is also governed by the DPA (Data Processing Agreement / data processing agreement).

15. Switching / Export (transition / export / transfer of data to another system)

After termination of the Contract or upon the Client’s justified written request, the Contractor shall ensure the possibility of exporting the available Client data related to the use of AI Features in a structured and machine-readable format that is common for the relevant type of data, within the scope of the actual functionality of the Service.

Additional technical assistance in the transition to another system or another service provider may be provided on the terms of a separate agreement (including for a separate fee and/or subject to the Contractor’s technical and other capabilities).

16. In-app Notices (interface notices / warnings and explanations in the application)

The Contractor shall have the right to display in the mobile application, web portal, AI portal and other interfaces of the Service AI notices (AI notices / notices regarding the use of AI), warnings, confirmation texts, onboarding notices, click-through acknowledgements (confirmation by clicking a button / another explicit action), checkbox acknowledgements (confirmation by ticking a box) and other disclosure texts.

The use of certain AI Features may be conditioned upon the user’s prior confirmation that they have familiarized themselves with such notices.

17. Updates (policy updates / changes to the rules)

The Contractor shall have the right periodically to update these Rules in the part relating to the operational procedure for using AI Features, technical limits, support and escalation flows (support and escalation procedure), disclosure texts, security notices, current subprocessor information, export procedures and other similar operational rules.

In the event of material changes, the Contractor shall notify the Client in the manner determined by the Contract, the Service interface, an electronic notice or another reasonable method.

18. Priority of Documents

In the event of any inconsistency between these Rules and the Contract (MSA — Master Services Agreement / master services agreement), the DPA (Data Processing Agreement / data processing agreement) or an Annex signed by the Parties, the provisions of the Contract, the DPA and the Annexes signed by the Parties shall prevail.

19. Contact (contact / communication channels)

For issues relating to the use of AI Features, data export, support incidents (support incidents / technical incidents), privacy requests (privacy requests / personal data protection requests) or other issues related to these Rules, the Client may contact the Contractor using the contact details specified in the Contract, the support portal (support portal / web support interface) or on the Contractor’s official website.

20. Relationship of these Rules (AI Policy) with technical requirements.

This AI Policy establishes the general rules for the use of AI Features, the principles of responsible use, restrictions and the legal regime of operation of the relevant functionality. Detailed technical requirements for photos, images, CCTV, recognition objects, training materials, quality parameters and other technical aspects may be defined separately in specialized technical documentation, a separate annex to the Contract, on the Contractor’s web page or in another document referred to in this Policy or in the Contract.

21. Dependence of the result on the quality of input data.

The Client acknowledges and agrees that the accuracy and usefulness of the result of the operation of AI Features (AI functions / functions using artificial intelligence), as well as image recognition functions, directly depend on the quality and completeness of the input data, correctness of settings, technical quality of photos and other objective factors.

22. Updating technical requirements.

The Contractor shall have the right periodically to update the technical requirements for photos, images, video frames, CCTV data, recognition parameters, training data, reference materials and other technical conditions for the functioning of AI Features in connection with:

  • updates to the Service architecture;
  • changes in models, algorithms or recognition approaches;
  • changes in infrastructure, integrations or third-party providers;
  • security, quality or scalability needs;
  • requirements of law or industry practice.

The current version of the technical requirements may be posted on the Contractor’s web resource, in technical documentation, in the Service interface, in a separate annex to the Contract or in another manner determined by the Contractor.

23. AI Act compliance cooperation

The Customer shall, without undue delay, notify the Provider of any incidents, complaints, claims, authority requests, material errors, misleading outputs, or suspected prohibited use related to the AI Features, if such circumstances concern the use of the Service in the EU or in relation to persons in the EU.

24. AI literacy

The Customer confirms that it will allow the use of AI Features only by those of its employees, users, and representatives who have received basic instruction regarding:

  • (a) the purpose and limitations of the AI Features;
  • (b) the Human Review rules;
  • (c) prohibited use scenarios;
  • (d) the rules for uploading data and photos;
  • (e) the requirements for reporting incidents and errors.

Note. In order to avoid inconsistencies, these Rules should be applied and interpreted together with the Contract (MSA — Master Services Agreement / master services agreement), the DPA (Data Processing Agreement / data processing agreement), the Privacy Policy, the SLA (Service Level Agreement / service level agreement) and other relevant documents of the Contractor.