Attempt Policy
PLATFORM APPLICATION ATTEMPT AND INTEGRITY POLICY
(“Attempt Policy”)
Foundation Ukraine
Parties: Foundation Ukraine (the “Foundation,” “we,” “us,” or “Platform Operator”) and any individual or entity submitting an application for broker/sourcer or operator access to the Platform (each an “Applicant” or “you”). Entity applicants act through an authorized representative who also agrees to this Policy in that capacity.
Recitals
WHEREAS, Foundation Ukraine operates a private platform and grants access only after admissions review and compliance onboarding;
WHEREAS, honesty and completeness in applications and onboarding materials are essential to KYC/AML integrity, sanctions diligence, and protection of the Platform;
WHEREAS, Foundation maintains rules on application attempts, cooldown periods, circumvention, and consequences for material misrepresentation;
WHEREAS, this Attempt Policy is incorporated by reference into the applicable role NDA, Program Terms, Platform Terms of Service, Privacy Policy, and Data Processing Notice;
NOW, THEREFORE, by submitting any application to the Platform, you acknowledge and agree to this Attempt Policy.
1. Definitions
1.1 “Application” means any submission or materials provided to seek broker/sourcer or operator access, including the public apply form, track selection, supporting uploads, and onboarding questionnaires.
1.2 “Attempt” means a complete and submitted Application for a given person or entity identity and role.
1.3 “Failure” means an Application that is rejected, closed, or abandoned after submission without approval.
1.4 “Material Misrepresentation” means any false, misleading, or knowingly incomplete statement or omission on a matter Foundation treats as material (including identity, IPN, EDRPOU, directors, beneficial ownership, sanctions/PEP status, authority to bind an entity, deal or project facts submitted later under the same identity, or prior bans).
1.5 “Duplicate Applicant” means any attempt to evade cooldowns, rejection, or bans by using different names, emails, entities, or other concealment while remaining the same underlying person or control group.
2. General Principles
2.1 Admissions decisions are made by Foundation in its reasonable discretion based on compliance, eligibility, capacity, and integrity.
2.2 Transparency is required. Attempts to game the process undermine the Platform and may result in permanent exclusion.
2.3 Absence of a mandatory state real-estate broker license in Ukraine does not reduce the duty of honesty on identity, ownership, sanctions, or deal facts.
3. Attempt Limits and Cooldowns
3.1 Ordinary re-application. If an Application results in Failure without a finding of Material Misrepresentation or Duplicate Applicant conduct, the Applicant may submit a new Attempt after a cooldown of ninety (90) days from notice of Failure (or from last activity if abandoned).
3.2 Repeated Failures. After three Failures for the same underlying Applicant and role within twenty-four (24) months, Foundation may impose a longer cooldown of up to twelve (12) months or decline further Attempts unless the Applicant demonstrates a material change in circumstances (for example corrected documentation or ownership structure).
3.3 Optional certification. Providing or withholding optional association certificates does not reset cooldowns for the same underlying Applicant.
3.4 No guarantee. Cooldown expiry does not create a right to approval.
4. Duplicate and Circumvention Attempts
Any Duplicate Applicant conduct, or any attempt to bypass cooldowns, identity checks, sanctions checks, or a ban, may result in immediate permanent refusal of Platform access for the Applicant and, where appropriate, related entities or controlling persons.
5. Material Misrepresentation - Zero Tolerance
5.1 If Foundation discovers a Material Misrepresentation at any stage (application, interview, onboarding, or after activation), Foundation may:
- immediately reject or terminate the Application or access;
- permanently bar the Applicant (and, where warranted, related entities or controlling persons) from future access on Foundation Ukraine; and
- preserve all confidentiality and non-circumvention obligations.
5.2 False IPN/EDRPOU data, concealed UBOs, false authority to bind an entity, or false sanctions/PEP statements are Material Misrepresentations.
6. Enforcement and Consequences
6.1 Permanent bar means denial of future Applications on Foundation Ukraine for the relevant role(s) and termination of any existing access granted on false premises.
6.2 Confidentiality, non-circumvention, and surviving duties under the applicable NDA and Program Terms continue after rejection or bar.
6.3 Foundation may notify Foundation affiliates on a need-to-know basis to protect group compliance integrity.
6.4 Decisions under this Policy are final for Platform access purposes, without prejudice to mandatory rights that cannot be waived under applicable law.
7. Cooperation
Applicants must cooperate with reasonable verification requests, including identity, UBO, and sanctions checks. Failure to cooperate within stated deadlines may be treated as abandonment or Failure.
8. Remedies
Breach of this Attempt Policy is a material breach of Platform agreements. Foundation may seek injunctive relief and other remedies available under the applicable NDA and TOS, including recovery of reasonable enforcement costs where permitted by law.
9. Survival
Obligations in this Policy survive denial of access, termination, or a permanent bar.
10. Governing Law and Miscellaneous
10.1 This Policy is governed by the laws of Ukraine, without regard to conflict-of-laws rules that would require another law. 10.2 Dispute resolution follows the mediation-then-ICC arbitration process in the Platform Terms of Service (seat Kyiv, Ukraine; English language, or Ukrainian if both parties agree), except where mandatory law requires otherwise. 10.3 Foundation may update this Policy with notice via the Platform or email. Continued submission of Applications after the effective date constitutes acceptance where permitted by law. 10.4 Electronic acknowledgment during apply/onboarding is binding. 10.5 The binding language of this Policy is English. Any Ukrainian translation is a convenience presentation only, unless mandatory law requires otherwise for a specific provision.
By using the Platform or submitting an Application, you acknowledge and agree to this document.