The rules of the CIFRY service

Terms used in these Rules.

Service 'CIFRY' - a website on the Internet located at: https://cifry.org, representing a set of software tools that allow users to:
- purchase digital goods;
- sell digital goods;
- post information about themselves and their portfolio;
- exchange private messages with other site users;
- post informational articles.
The exclusive rights to the said service belong to the IP Borisov A.A. (OGRNIP 319774600107269).

Digital Good – a result of intellectual activity of the seller or a third party, related to copyright objects, without a physical form and reflected only in electronic (digital) format on information carriers.

User - any natural person (including registered as a taxpayer of the professional income tax (‘self-employed’) or an individual entrepreneur), registered in accordance with these Rules on the 'CIFRY' service.

Account – an account in the 'CIFRY' service database, automatically created at the time of user registration, containing information about the balance, purchased goods, goods for sale, email, username (login), encrypted password, and other information necessary for the functioning of the 'CIFRY' service.

Seller – a user who has placed a digital product for sale in the corresponding section of the 'CIFRY' service.

Buyer – a user purchasing a digital product through the functionality of the 'CIFRY' service for personal or commercial use.

Administration - manegement of IP Borisov A.A. and persons authorized by him with the rights of administration and/or moderation on the 'CIFRY' service.

Moderator – a user authorized by the management of IP Borisov A.A. to check and select digital goods posted by Sellers on the 'CIFRY' service.

Email Address — the email address of the User provided and confirmed by the User during the registration process on the 'CIFRY' service, used for User identification purposes to access the 'CIFRY' service.

Personal Account — the section of the 'CIFRY' service website accessible after user registration and entering a personal login and password, which subsequently provide access to the Account.

1. General Provisions

1.1. These Rules for using the 'CIFRY' service regulate the relations arising between IP Borisov A.A. (Licensor) and the user (Licensee) in the process of providing the user with the terms of a simple (non-exclusive) license to use the 'CIFRY' service in accordance with these Rules, as well as the relations arising between IP Borisov A.A. (Agent) and the Seller (Principal) when implementing the digital goods posted by the Seller on the 'CIFRY' service to the Buyer.
1.2. From the moment of starting to use the 'CIFRY' service, the User accepts all the terms of these Rules, as well as the terms of all documents mentioned below, in full, without any reservations or exceptions (offer acceptance in accordance with the terms of clause 3 of Article 434, clause 3 of Article 438 of the Civil Code of the Russian Federation (hereinafter – Civil Code of the RF)). In case of disagreement with any terms of these Rules, the User cannot use the 'CIFRY' service.
1.3. By using the 'CIFRY' service, the User agrees that the following documents are integral parts of these Rules:
‘Privacy Policy of User Data Processing by the 'CIFRY' service’: https://cifry.org/terms
‘Requirements for Digital Goods’: https://cifry.org/requirements



2. Sale and Purchase of Digital Goods

2.1. Every user of the CIFRY service has the opportunity to buy digital goods through the functionality of the CIFRY service. Only users approved by the Administration can list digital goods.

2.2. To list a digital product for sale, the Seller must obtain publishing rights. To do this, you need to contact the administrators of the CIFRY service via the Telegram bot https://t.me/cifryorg_bot. After approval, the necessary tools for uploading products for sale appear in the users personal account.

2.3. The method of product realization is providing the Buyer with an indefinite right to use the digital product while retaining the Sellers right to issue a simple (non-exclusive) license for the use of the specified digital product to other individuals.

2.4. The rights volume formed by the Seller in accordance with paragraph 2.3 of these Rules, transferred to the Buyer of the digital product, constitutes the terms of the license agreement specified in part 1 of article 1286 of the Civil Code of the Russian Federation, along with the conditions of the digital product price and the license duration determined by the Seller when creating the digital product sale offer, forming an offer provided by part 2 of article 437 of the Civil Code of the Russian Federation, accepted by the Buyer through the actions specified in these Rules. The provisions of this paragraph of the Rules (excluding the volume of rights transferred to the Buyer) are equally applied when selling a digital product by transferring exclusive rights to the Buyer.

2.5. When listing a sale offer, the Seller must familiarize themselves with the requirements for digital goods - https://cifry.org/requirements, provide a carefully crafted digital product and its detailed description, allowing the Buyer to evaluate the relevance of the product, including information on:
- the purpose of the product;
- software and, if necessary, its version for using/viewing the product;
- high-quality and resolution images of the product (if the product can be visualized);
- file size;
- other information that, in the Sellers opinion, should facilitate the decision-making process on purchasing the product.

2.6. When determining the price of the digital product, the Seller must thoroughly evaluate the market value and demand for the product and choose a value from 1 (one) to 1,000,000 (one million) rubles (without kopecks). Listing prices in other currencies is not allowed.

2.6.1. The Seller can provide any user of the CIFRY service with a simple (non-exclusive) license to use the digital product listed in the Market section by indicating the price value of 0 (free) when creating an offer. In this case, the volume of rights granted by the Seller to the licensee is determined in the manner established by paragraph 2.3 of these Rules, and the relationship between the parties is governed by the provisions of article 1286.1 of the Civil Code of the Russian Federation.

2.7. After listing a sale offer by the Seller while complying with the requirements of these Rules, it is submitted for review to the CIFRY service moderator. The maximum review period by the moderator is 14 days.

2.8. If the sale offer of the digital product submitted for review by the moderator violates the requirements of the current legislation of the Russian Federation, in particular:
- promotes violence or incites hatred towards any individuals and social groups based on racial, ethnic, or national identity, religion, disability, age, veteran status, sexual orientation, gender, gender identity, caste, immigration status, and other attributes related to systematic discrimination or marginalization;
- promotes unjustified violence towards oneself or third parties, suicide, self-harm, eating disorders, asphyxiation games, and other actions that may lead to serious injury or death;
- is related to terrorism, promotes terrorist activities, calls for violence, glorifies terrorist acts, and promotes the activities of terrorist organizations;
- contains threats, mockery, harassment, and encourages such actions towards specific individuals or regardless of specific individuals;
as well as in cases when:
- promotes the use of tobacco, tobacco products, alcohol;
- contains shocking content;
- contains elements of erotica, pornography, or indecent language;
- does not match the description, raises doubts about its quality, contains errors, malware, or is outdated and economically impractical - the sale offer is rejected by the moderator.

2.9. After approval by the moderator, the sale offer for the digital product appears in the corresponding section of the CIFRY service, and the specified digital product can be purchased by the Buyer.

2.10. At the Administrations discretion, the Seller may be granted the right to upload digital products without undergoing moderation. In case of violations detected, this right may be suspended until re-moderation or permanently suspended.

2.11. To purchase a digital product, the Buyer makes payment from their account balance. The ROBOKASSA service is used to replenish the balance. All calculations on the CIFRY service are made exclusively in Russian rubles.

2.12. Payment by the Buyer for the digital product listed on the CIFRY service constitutes acceptance of the Sellers offer specified in paragraph 2.4 of these Rules, in accordance with part 3 of article 438 of the Civil Code of the Russian Federation.

2.13. The digital product fully paid for by the Buyer is available for download from the corresponding section of the CIFRY service or in the Buyers profile in the My purchases section. From this moment, the rights to the purchased digital product are transferred to the Buyer in accordance with the license terms formed by the Seller in the manner established by paragraph 2.3 of these Rules.

2.14. The digital product purchased by the Buyer is not subject to return, nor are the funds paid for it or their part.

3. Moderation

3.1. Any User who has passed an interview with the management of IP Borisov A.A. and has been appointed by him as a moderator can act as a moderator authorized to review the compliance of digital goods sale offers with these Rules.
3.2. When reviewing a Seller's offer, the moderator also determines its compliance with the Requirements for digital goods https://cifry.org/requirements.
3.3. The moderator cannot review a digital goods sale offer if such an offer has been previously created by them as a Seller or another person in relation to whom the moderator has an interest. In case of a situation described in paragraph 1 of this section of the Rules, the moderator must immediately notify the Administration.
3.4. A digital product can have one of four statuses:
3.4.1. Under Moderation - when the product is uploaded but not checked by the moderator for compliance with these Rules and Requirements for digital goods. In this status, the Seller can make edits.
3.4.2. Rejected - when the product did not pass moderation, and making changes will not affect its status. The Seller cannot make edits, and the product will be removed from the service within 5 days.
3.4.3. Requires Revision - when the product partially did not pass moderation, and the moderator has set requirements that, once met, will result in successful approval. In this status, the Seller can make edits.
3.4.4. Published - when the product has passed moderation, appeared in the search results of the CIFRY service, and is available for purchase. In this status, the Seller can only adjust the product's price.
3.5. A digital product that has successfully passed moderation cannot be removed from the CIFRY service but can be hidden in the Seller's Personal Account at the Moderator's discretion.


4. Agency Agreement

4.1. In relations arising between the Seller and the Buyer during the realization of digital goods through the CIFRY service, IP Borisov A.A. acts as an agent of the Seller.
4.2. The terms of the agency agreement formulated in this section of the Rules constitute an offer to Sellers in accordance with part 1 of Article 435 of the Civil Code of the Russian Federation. The acceptance of this offer is the placement by the Seller of an offer to sell digital goods in accordance with section 2 of these Rules.
4.3. In transactions for the realization of digital goods carried out through the CIFRY service, IP Borisov A.A. acts on behalf of and at the expense of the principal (Seller).
4.4. The size of the agency fee is determined as a percentage of the price of the realization of the digital goods for each transaction and amounts to:
1) 20% of the product price if the principal (Seller) is a taxpayer of the professional income tax (self-employed) or an individual entrepreneur and has passed verification in accordance with these Rules;
2) 50% of the product price if the principal (Seller) is not registered as a taxpayer of the professional income tax (self-employed) or an individual entrepreneur.
4.5. The agency fee, calculated in accordance with paragraph 4.4 of these Rules, is deducted by the agent from the product price paid by the Buyer. The remaining amount is transferred to the principal's (Seller's) balance at the moment the Buyer pays for the digital product.
4.6. Reports on the fulfillment by the agent of the terms of the agency agreement are automatically generated in the Personal Account in the My Income section as digital goods are realized.

5. Procedure for Withdrawing Funds

5.1. The withdrawal of funds from the User's account balance is made to bank cards (accounts) owned by the User after submitting an application. The minimum withdrawal amount is one thousand rubles.
5.2. The application form mentioned in paragraph 5.1 of these Rules is placed in the User's Personal Account in the My Income section.
5.3. The maximum application review period mentioned in paragraph 5.1 of these Rules is five working days.
5.4. Funds withheld by third parties from the User as commissions when replenishing their balance in the Personal Account or when withdrawing funds in accordance with paragraph 5.1 of this Agreement are reimbursed by the Administration by increasing the User's balance by the amounts of these commissions.

6. Administration's Rights

6.1. Any User engaging in fraudulent activities, damaging the honor and dignity of other site users, engaging in advertising mailings, or any other activities that reduce users' trust in the CIFRY service may be blocked, including indefinitely.
6.2. In case of detecting hacking or attempts to hack an account, suspicious actions with fund withdrawal, spam, multiple appeals to site resources - the User's account is temporarily blocked until the reasons for such suspicious activity are clarified.
6.3. In case of receiving a written application from the copyright holder about the violation of intellectual property rights with an indication of the result of intellectual activity placed by the User on the CIFRY service, the Administration may temporarily remove the specified result of intellectual activity from public access until the issue of the violation by the User of such an object is clarified.
6.4. If the fact of a violation by the User of another person's intellectual property rights is confirmed, the Administration has the right to block the account of such User indefinitely and delete the digital goods placed by them on the CIFRY service.
6.5. To recover from the Seller the amount of the digital product twice in case of copyright infringements, poor preparation of the digital product, the presence of malware, and other factors upon receiving a complaint from the Buyer and delete the digital product with identified violations.
6.6. The Administration has the right at any time to remove from sale any digital product if:
6.6.1. Violations of these Rules and Requirements for Digital Goods are detected, including after changes to these rules.
6.6.2. The product has become obsolete.
6.6.3. Facts of selling this product on other platforms at a lower price are detected.
6.6.4. Insufficient demand for the product.
6.6.5. The Seller's account is blocked.
6.6.6. Re-moderation.

7. Special Conditions

7.1. When placing the results of intellectual activity on the CIFRY service, IP Borisov A.A. acts as an information intermediary under Article 1253.1 of the Civil Code of the Russian Federation.
7.2. The User placing the results of intellectual activity on the CIFRY service thereby guarantees the Administration that they possess the necessary rights to the specified objects.
7.3. A user account that has not been accessed for one calendar year will be automatically deleted. Digital goods available for sale from such an account become unavailable for future purchases but will remain accessible for download to Users who made a purchase before the account was deleted.

8. Final Provisions

8.1. These Rules may be amended and/or supplemented by the Administration unilaterally. The current version of the Rules is available at https://cifry.org/conditions. Users will be notified of changes and/or additions to the Rules through their Personal Account. Continuing to use the CIFRY service by the User after changes and/or additions to the Rules have been made signifies acceptance and agreement of the User with such changes and/or additions.
8.2. Russian law applies to the Rules and all relationships related to the use of the CIFRY service. Any claims or lawsuits arising from these Rules or the use of the CIFRY service must be filed in accordance with the procedural requirements of Russian legislation.


Update: 21-01-2024