Trade & Export Policy
Introduction
HASH, hash.ai, the HASH Platform and the information you upload to any of our products or services may be subject to trade control regulations, including under the U.S. Export Administration Regulations (the EAR).
HASH’s vision is to enable everybody to make better decisions. We believe that by solving information failure, there will be less conflict and suffering in the world. We believe that shared, open, globally-accessible simulations hold promise for a future of rational dispute resolution.
We take seriously our responsibility to examine government mandates thoroughly to be certain that users and customers are not impacted beyond what is required by law. This includes keeping public repositories and simulation services, including those for open-source projects, available and accessible to support personal communications involving developers in sanctioned regions.
HASH is subject to U.S. trade control laws. As these evolve, we will continue to work with U.S. regulators about the extent to which we can offer free simulation collaboration services to developers in sanctioned markets. We believe that offering those free services supports U.S. foreign policy of encouraging the free flow of information, free speech, and free thought in those markets.
Although we've provided the following information below for your convenience, it is ultimately your responsibility to ensure that your use of HASH's products and services complies with all applicable laws and regulations, including U.S. export control laws.
Export Overview
The HASH Platform
Under our General Terms of Service, users may only access and use HASH in compliance with applicable law, including U.S. export control and sanctions laws.
Users are responsible for ensuring that the content they develop and share on hash.ai complies with the U.S. export control laws, including the EAR and the U.S. International Traffic in Arms Regulations (ITAR). The cloud-hosted service offerings available from HASH are not been designed to host data subject to the ITAR and do not currently offer the ability to restrict repository or simulation access by country. If you are looking to collaborate on ITAR- or other export-controlled data, please contact us.
U.S. trade control laws restrict what HASH services can be made available to users in certain countries and territories. HASH may allow users in or ordinarily resident in countries and territories subject to U.S. sanctions to access certain free HASH services for personal communications in accordance to authorizations issued by the U.S. Treasury Department’s Office of Foreign Assets Controls (OFAC). Persons in or ordinarily resident in these countries and territories are prohibited from using IP proxies, VPNs, or other methods to disguise their location when accessing HASH services, and may only use HASH for non-commercial, personal communications.
Specially Designated Nationals (SDNs) and other denied or blocked parties under U.S. and other applicable law are prohibited from accessing or using HASH. Additionally, users may not use HASH for or on behalf of such parties, including the Governments of sanctioned countries. Furthermore, HASH may not be used for purposes prohibited under applicable export control laws, including prohibited end uses described in 17 CFR 744.
Frequently Asked Questions
On which countries and territories are U.S. government sanctions applied?
Crimea, the separatist areas of Donetsk and Luhansk, Cuba, Iran, North Korea, and Syria.
How is HASH ensuring that folks not living in and/or having professional links to the sanctioned countries and territories still have access or ability to appeal?
In the rare instance that an account is affected unintentionally or in error, we have an appeal process to address such instances.
If an individual user or organization administrator believes that they have been flagged in error, then that user has the opportunity to appeal the flag by providing verification information to HASH. If HASH receives sufficient information to verify that the user or organization is not affiliated with a U.S.-sanctioned jurisdiction or otherwise restricted by U.S. economic sanctions, then the flag will be removed. To appeal any sanctions-related action which may have been applied to your account, please contact us.
Will traveling in these regions be impacted?
Travel in these regions may impact your account status, but availability may be reinstated once you are outside of the sanctioned country or territory upon submitting a successful individual account appeals request.
What is available and not available?
Availability in U.S. sanctioned countries and territories will be restricted, however certain HASH services may be available for free individual and free organizational HASH accounts. This includes limited access to HASH public repository services (such as access to public repositories used for open source simulations and datasets), for personal communications only, and not for commercial purposes. The restriction also includes suspended access to private file/repository services and paid services (such as availability of private organizational accounts and HASH Index services). For paid organizational accounts, users may have limited access to their public repositories, which have been downgraded to archived read-only repositories.
How do you define these specific users?
If HASH determines that a user or customer is located in a region that is subject to U.S. trade control restrictions, or a user is otherwise restricted under U.S. economic sanctions, then the affiliated account has been restricted to comply with those legal requirements. The determination of user and customer location to implement these legal restrictions are derived from a number of sources, including IP addresses and payment history. Nationality and ethnicity are not used to flag users for sanctions restrictions.
How are organization accounts impacted?
If an organization is based out of, or the key individuals or membership of an organization shows sufficient ties to, a sanctioned territory or country, or if the organization otherwise appears to be subject to U.S. economic sanctions, then the organization account and the affiliated owner account will be restricted. The restriction includes suspended access to paid services (such as availability of private organizational accounts and HASH Index services). For paid organizational accounts, users may have access to their public repositories, which have been downgraded to archived read-only repositories.
Can trade-restricted users’ private repositories be made public?
Free individual account users can make restricted private simulations and files public, for personal communications only, and not for commercial purposes. Users can do this by navigating to their hIndex profiles and toggling the visibility settings for any project.
Can trade-restricted users access private files or data (e.g. downloading or deleting a simulation or dataset)?
Unfortunately, our understanding of the law (similar to interpretations by comparable code and repository hosting platforms such as GitHub) does not give us the option to allow downloads or deletion of private files or content, until otherwise authorized by the U.S. government.
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