Terms of services
Please carefully read and consider these Terms before using the services provided via the Website or the App, as they contain important information about your rights and obligations. These Terms may be updated periodically, and while we strive to inform you about any changes, we strongly encourage you to regularly review these Terms and not disregard any emails or notifications from us, as they may contain information about anticipated changes and advancements to our Website and App. These Terms of Service ("Terms") establish a legally binding agreement between CIFRA DMCC (1797 DMCC Business Centre, Level No 1, Jewellery & Gemplex 3, Dubai, United Arab Emirates) ("We," "Us," "Our") and each registered or unregistered end user ("User," "you," or "your") of the Website (cifra.com) and the App - "CIFRA" - who uses or intends to use the Website, App, and any available services, features, and functions provided in connection with the Website or the App. CIFRA DMCC offers you access to services available on the website cifra.com and in the App. Cifra Inc. (1201 N. Orange Street, Suite 7587, Wilmington, New Castle County, Zip Code 19801-1186) provides payment processing services (subscriptions) from users and pays rewards to Artists. By using the Website or the App, you must agree to be bound by the following Terms of this agreement. If you disagree with these Terms or any future updates that may modify them, you must discontinue using the Website or the App. By continuing to use the Website or the App, you affirm your agreement with the updated Terms. Please note that the requirement of the rules outlined in these Terms applies to personal use of our platform. If you have a need for commercial use of our platform, please contact us in the Support section. We may offer special pricing to educational institutions upon request. To inquire about educational pricing, please contact us in the Support section. By personal use, we mean the use of the platform in such a way that its content and works uploaded by authors will be displayed by the user on their personal device solely for themselves and/or family members and friends. Demonstrating platform content in publicly accessible establishments, including restaurants, galleries, etc., will not be considered personal use, even if the platform is accessed from the personal device of an employee or representative of such an establishment. In the context of the clause provided, “educational use” refers to the utilization of the platform's resources and services specifically for purposes related to teaching, learning, research, or training within an educational setting. This includes activities conducted by accredited educational institutions, such as schools, colleges, and universities, where the focus is on providing instruction and facilitating learning rather than generating profit. These Terms are legally binding for both registered and unregistered users. Certain features of the Website or the App may be subject to additional rules, which will be posted on the Website and form an integral part of these Terms.
(1) PARTIES AND SERVICES
THE SERVICES PROVIDED BY CIFRA - CIFRA offers you the opportunity to upload, share, view, like, and create playlists of digital artworks, as well as buy and sell digital artworks. The specific scope of services available to you depends on your account status, which can be Visitor, User, Artist, Collector, or Curator. We recommend carefully reading the descriptions on the Website or the App to understand the services provided.
Please note that the functions available to you via the App may be limited or different compared to those available on the Website. We encourage you to explore the App thoroughly before using it.
The content visible to Visitors and Users on the Platform may vary depending on local rules, regulations, and laws that are binding on CIFRA and cannot be ignored. CIFRA reserves the right to modify, limit, or restrict the availability of any content, feature, or functionality on the Platform to comply with applicable laws and regulations in any geographic area. CIFRA shall have no liability to Users or Visitors for such actions taken to ensure compliance with the law.
VISITOR - An unregistered user, any individual who has visited the Website or downloaded the App but has not registered or authorized on the Website or the App. As a visitor, you have limited access to the services provided via the Website and the App. The features and functions available to you are at the sole discretion of CIFRA, such as access to author profiles and public exhibitions.
USER - A user who has created an account, an individual who has reached the age of majority or is at least 18 years old as of the date of registration. The user must register on the Website or the App and complete the authorization process for subsequent visits (if applicable). Users have full access to the services provided via the Website and the App. The specific services available may vary depending on the user's status (Artist, Collector, Curator, Gallery) and are at the sole discretion of CIFRA.
Nevertheless, as a user, you will receive personal "recommendations" and comments for artworks based on your individual preferences. You can also comment on artworks and artists' accounts, as well as create and view online art collections (referred to as "playlists"), among other features.
However, please note that the "recommendations" displayed on the main page of the Website and the App should not be considered professional advice or consultancy regarding investments, art, or any other matter. CIFRA does not provide consultancy services and should not be regarded as a personal advisor in any field. The "recommendations" are generated by an automatic algorithm that operates independently or is curated by CIFRA based on your preferences.
ACCOUNT - A personal account refers to the User's personal webpage that contains relevant information about the User and their activity on the Website and the App. The visual representation, features, and functions of the Account are determined solely by CIFRA. However, we are not responsible for the content posted or uploaded by the User and made available to the public. We are not obligated to monitor your Account, but we reserve the right to remove certain information from your Account at any time and for any reason without notice if it violates these Terms or is otherwise illegal.
If you are a representative of the Account owner, it is assumed that you have the authority and permission from the owner to create the Account.
COLLECTOR - A User who owns at least one digital artwork uploaded on the Website or the App. As a Collector, you guarantee that you have the proper rights to upload and display the digital artwork and can provide proof of ownership or consent from the rights holder.
CURATOR - A User who is involved in creating a curated selection of digital artworks on the platform.
ARTIST - A User who has uploaded at least one original artwork created by themselves on the Website and the App. By uploading the artwork, you represent and warrant that:
GALLERY - A User who is an art institution and the owner of at least one digital artwork uploaded on the Website or the App. As a Gallery, the User guarantees that you have the proper rights to create an Account on behalf of the Gallery, upload and display a digital artwork, and can provide proof of authority, ownership, and rights or consent from the rights holder. The Gallery must indicate the Artist of the artwork that will be uploaded on the platform or select from the list of Artists available on the CIFRA platform.
ARTWORK - The result of the Artist's creative activity, uploaded on the Website (or the App) by the Artist. We consider digital forms of art as an artwork, which can be originally created digitally or be a digital version of an artwork previously created on a tangible medium. The forms of digital artwork that can be uploaded and the technical requirements are specified on the Website (or the App). Please note that digital artworks should not be treated as investments and should be considered as a collection of art pieces.
You have the option to change the privacy settings of an artwork, making it visible to other Users or keeping it private, where only you (and selected Users, if allowed) can see the artwork.
PLAYLIST - A series of artworks selected and combined by Users, available for viewing (streaming). Users can choose to make their playlists private or public, similar to artworks. Streaming playlists, whether private or public, are considered when calculating remuneration for Artists.
WALLET - A feature on the website that allows Users to make payments and collect payments on the platform.
CIFRA (Cifra Inc.) may utilize various payment options for both depositing and withdrawing funds on the Platform via Wallet. To complete any payment transactions, Users must adhere to the specific rules and procedures established on the Platform.