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 FZCO (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 FZCO offers you access to services available on the website cifra.com and in the App – "CIFRA".

Cifra Inc. (1201 N. Orange Street, Suite 7587, Wilmington, New Castle County, Zip Code 19801-1186) may provide 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 Website (the App). If you have a need for commercial use, please contact us in the Support section.

We may offer special pricing to students and educational institutions upon request. To inquire about special pricing, please contact us in the Support section.

By personal use, we mean the use of the Website (the App) 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 the Website (the App) content in publicly accessible establishments, including restaurants, galleries, etc., will not be considered personal use, even if the Website (the App) 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 Website's (the App'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.


THE SERVICES PROVIDED BY CIFRA - CIFRA offers you the opportunity to upload, share, view, like digital Artworks and create Playlists of 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 Website (the App) 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 Website (the App) 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.

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 and features available may vary depending on the user's status (Artist, Collector, Curator, Institution), subscription and are at the sole discretion of CIFRA.

The content, features, and functionality recommended to you on the Website or the App may be influenced by algorithmic systems designed to personalize your experience. These automated recommendations are based on factors including but not limited to your activity, preferences, and engagement history. CIFRA does not guarantee the accuracy, relevance, or suitability of algorithmically generated recommendations. You acknowledge that these recommendations may affect your access to and visibility of content on the Website (the App).

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 (playlist) on the Website or the App.

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: 

<ol>
<li>the artwork is created by you,</li>
<li>you have not licensed or transferred the exclusive rights to a third party that would prevent CIFRA from using it,</li>
<li>you are not infringing upon any third-party rights (such as copyright, trademark, personal rights, or likeness),</li>
<li>you are not aware of any complaints, claims, or disputes that would prevent you from uploading the artwork on the Website or the App,</li>
<li>you are not using generative (AI) tools to misrepresent someone else's artwork or artistic style.</li>
</ol>

INSTITUTION - A User who is an art institution and the owner of at least one digital artwork uploaded on the Website or the App. As an Institution, the User guarantees that you have the proper rights to create an Account on behalf of the Institution, upload and display a digital artwork, and can provide proof of authority, ownership, and rights or consent from the rights holder. The Institution must indicate the Artist of the Artwork that will be uploaded on the Website (the App) or select from the list of Artists available the Website (the App).

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). Artwork should constitute a unique submission not duplicating any existing Artwork on the Website (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 curated series of Artworks selected and combined by Users through the Website's and App's functionality. Playlists may be organized by themes, criteria, exhibitions, seasons, or other contextual frameworks, and are available. 
Users may designate Playlists as either private or public. 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.
CIFRA disclaims responsibility for User-generated Playlist content while reserving the right to remove any Playlist violating these Terms.

WALLET - A feature that allows Users to make payments and collect payments on the Website (the App).

CIFRA (CIFRA FZCO and 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.


(1) PARTIES AND SERVICES

2.1. In order to use the Website or the App, you must create an Account. To create an Account, you need to provide relevant information about yourself as required in the registration form. It is your responsibility to ensure that the information you provide is verifiable, accurate, and up-to-date. You can always update this information in your Account.

2.2. For certain features and types of accounts, we may require additional information from you to verify the statements made in the registration form or undergo a compliance check. If you fail to provide complete and accurate information, along with verifiable proof, we may refuse to provide you with certain services on the Website and the App.

2.3. Please note that you are only allowed to create one Account. If we suspect that you have created multiple Accounts, we reserve the right to take action by banning or deleting the suspicious accounts.
You are expressly prohibited from creating or using any Account for artificial intelligence training, data crawling, scraping, or any form of automated data extraction.
You acknowledge that CIFRA's enforcement actions under this section may result in permanent loss of access to Content and features without liability or obligation to refund any payments

2.4. When registering an Account, you must choose a name to use on the Website or the App. You must avoid any form of impersonation or misleading names, and you must not include anything that is offensive, inappropriate, or morally and ethically objectionable. In such cases, we may request that you change your name, or we may ban your Account.

2.5. CIFRA will communicate with you through electronic means, such as emails and push notifications on the App. You agree that any notifications, agreements, disclosures, or other communications sent to your email or through push notifications are considered valid. To receive our notifications, you must ensure that the email address associated with your Account is up to date and that you have full access to it. If you change your email address, you must update it in your Account.

2.6. You are responsible for maintaining the confidentiality of your Account and password, and you are fully responsible for all activities that occur under your Account.
CIFRA may enable mandatory 2FA ("two-factor authentication") for specific Account types.
Where optional 2FA is available, you bear full responsibility for securing authentication devices/apps and backup codes, maintaining access to 2FA recovery methods, immediate loss reporting.
Disabling active 2FA voids enhanced security protections and occurs at your own risk.

2.7. You must immediately notify CIFRA of any unauthorized use of your password or Account, or any other security breach. CIFRA will not be liable for any loss or damage resulting from your failure to comply with this obligation. For security or other reasons, CIFRA may require you to change your password or other account information. However, you understand that you will not hold us responsible for managing and maintaining the security of your Account.

2.8. If CIFRA determines that you have intentionally provided false information about digital artworks, their provenance, or the Artist, or if you have intentionally uploaded misappropriated works, CIFRA will take action to remove such digital artworks and suspend your account on the Website (the App).

2.9. The Artist (or Collector, Institution if applicable) may delete their Account on the Website (the App) if all the artworks uploaded on the Website (the App) have been removed by the Artist from the Account (or Collector, Institution if applicable). 

2.9.1. Deleting the account will result in the inability to use CIFRA. To proceed with account deletion, the User must follow the instructions provided on the website or in the emails sent by CIFRA in a timely manner.

2.9.2. CIFRA does not act as a custodian of original artworks and is ready to provide the User with convenient ways to download their artworks before deleting the Account. This will allow the User to preserve their artworks even after cancelling their Account on the Website (the App).

2.10. After the cancellation of the account, CIFRA retains the right to use the Artist's (or Collector's or Curator's) Profile for educational and informational purposes, unless CIFRA and the owner of the deleted account agree otherwise.

2.11. After the cancellation of the account, CIFRA retains the right to use the artworks exclusively as part of promotional materials released during the period of the Artist's (or Collector's) presence on the Website (the App). CIFRA may not delete such promotional materials from its social media and media websites.


(2) PERSONAL ACCOUNT

3.1. CIFRA allows to upload digital artworks that will be available for streaming on the Website (the App). Streaming refers to the ability for users to watch and create playlists with these artworks. 

3.2. If you have sold your digital artwork uploaded on the Website outside of CIFRA, and someone else now owns it without our knowledge, you must notify us. We may request documents related to the purchase to assess the future of your artwork on the Website (the App).

3.3. The Artist (or Collector, Institution, if applicable) has the right to unilaterally revoke the license and withdraw a digital artwork. To do so, the Artist (or Collector, Institution) must send a termination notice to CIFRA via the Website (the App) or email if the platform does not allow such notice. CIFRA removes the artwork from the Website (the App) and returns the original file of the artwork.


(3) STREAMING

4.1. Users must refrain from posting or uploading the following information or digital artworks on the Website (the App):
<ul>
<li>False, inaccurate, misleading, offensive, defamatory, extremist, or hateful content that may cause harm to any individual or legal entity.</li>
<li>Unsubstantiated medical or health claims or dangerous health misinformation.</li>
<li>Gambling content violating jurisdictional laws.</li>
<li>Advertising of brands, goods, or services.</li>
<li>Content that contains viruses, worms, scrapers, or any other disruptive elements that interfere with the normal functioning of the Website or users' devices.</li>
<li>Unauthorized interception or expropriation of personal data from the Website (the App).</li>
<li>Content that is illegal or violates applicable laws, including advertisements for illegal products/services or deceptive marketing.</li>
<li>Content that infringes upon the rights of individuals or legal entities.</li>
<li>Content that promotes racism, harassment, bigotry, hatred, or physical harm towards any group, individual, or animals.</li>
<li>Unauthorized copies of copyrighted works belonging to third parties.</li>
<li>Duplication of any existing Artwork on the Website (the App).</li>
<li>Pornographic or sexually explicit content.</li>
<li>Content that demonstrates how to make or purchase illegal weapons, drugs, or violates privacy.</li>
<li>Content that misrepresents the identity of the user.</li>
<li>Personal information about another user that is not publicly available and for which written permission has not been obtained, or impersonation of a third party.</li>
<li>Activities that impose an unreasonable or disproportionately large load on our infrastructure or interfere with the operation of the Website (the App).</li>
</ul>
4.2. We are not liable for the information posted by users, as our role is limited to providing technical means. CIFRA does not engage in pre-moderation of user-generated content on the Website (the App). However, we reserve the right to remove any information or digital artworks that violate these Terms. Please be aware that we may restrict content that could constitute infringement or illegal activity in accordance with applicable laws. Users should also recognize that certain jurisdictions impose territorial restrictions on sensitive or restricted topics, which can influence the legality of content shared on the Website (the App). These restrictions can vary significantly by region and may include laws against hate speech, defamation, and other expressions considered harmful or unlawful. As a result, content that is acceptable in one jurisdiction may be restricted in another, potentially impacting how the Website (the App) is perceived and accessed in different countries.

4.3. We may impose limits on the amount of information that a user can send, post, store, or receive and activities through CIFRA. We reserve the right to remove information that exceeds these limits at our sole discretion, without prior notice or liability. It is the user's responsibility to check the applicable restrictions.

4.3.1. Users are prohibited from using bots, software, soliciting third parties, or employing technical services to artificially boost views, likes, or playlists of digital artworks. We will also closely monitor cases of "streaming parties" to prevent excessive load on the Website (the App) and view count manipulation. Such fraudulent activities are prohibited as the remuneration is based on genuine user activities and interactions with the the Website (the App) and artworks. We reserve the right to cancel calculated remuneration or restrict withdrawals if suspicious or prohibited activities are detected.

4.4. You must provide accurate information regarding the artworks. You are fully responsible for updating the current status of the artworks in terms of your rights to them, applicable restrictions, and availability for sale.

4.5. You agree not to copy, reverse engineer, decompile, or disassemble the underlying software of the Website or the App, or any portion thereof. You shall not attempt any activities that are not expressly permitted by these terms.


(4) RESTRICTED CONTENT

5.1. Certain features, content, and functionality ("Subscription Features") are exclusively available through active paid subscriptions. Subscription fees are displayed during checkout and may vary based on subscription tier and geographic location. 

All payments are processed through third-party providers including but not limited to Stripe (credit/debit cards), Apple Pay (iOS devices), Google Pay (Android devices).

By subscribing, you authorize recurring charges to your selected payment method. You must maintain valid payment credentials and promptly update expired/invalid payment methods.

CIFRA reserves the right to modify subscription fees at any time without prior notice. Fee changes become effective at the start of your next billing cycle. Continued use after fee change constitutes acceptance.

You may cancel auto-renewal at any time via Settings on your personal device/Website or via Apple App Store or Google Play Store.

Cancellation takes effect at the end of the current billing period. No partial-month refunds.

All fees are non-refundable except technical errors causing duplicate/incorrect charges (verification required). Refund requests must be submitted within 14 calendar days of charge via <a href="mailto:support@cifra.com">support@cifra.com</a>.
Foreign transactions may incur bank or conversion fees, which are beyond CIFRA's control.

You are solely responsible for:
<ul>
<li>Active subscription status monitoring</li>
<li>Timely cancellation before renewal dates</li>
<li>Payment method validity maintenance</li>
</ul>
Subscription failures may result in immediate feature suspension.

5.2. Artists can receive remuneration for qualified User interactions with their Artworks on the Website (the App). Eligible interactions include streaming of Artworks, User engagement, etc.

CIFRA reserves the unilateral right to modify calculation methodologies for remuneration and service fees, set minimum payout thresholds.

Accrued remuneration will be disbursed via preferable payment method.

5.3. Neither we nor any affiliated third party is responsible for determining or withholding any applicable taxes, including withholding, sales, use, value-added, transfer, or other taxes, along with any associated interest and penalties ("Taxes"), that apply to your earnings. You agree that you are solely responsible for determining whether any Taxes apply to your earnings and for withholding, collecting, reporting, and remitting the correct amounts of Taxes to the relevant taxing authorities.

5.4. We do not collect any fees for transactions that occur outside of the Website (the App). Users release CIFRA and its subsidiaries, affiliates, officers, and successors from any liability for payments not received from off-platform transactions.

5.5. Please note that your use of the Website (the App) may be subject to data charges imposed by your internet or mobile phone provider, and you will be responsible for the payment of any such charges.

5.6. The user acknowledges that there may be legal restrictions and limitations on payment services in certain countries that prevent the transfer of money to financial organizations located within those jurisdictions where the user resides. Following that we shall exercise due diligence and comply with all applicable laws, regulations, and international sanctions that govern the transfer of funds to financial organizations in different countries.

5.7. CIFRA uses third-party payment processors to handle payments for our services. CIFRA uses Stripe, Inc. ("Stripe") for payment processing services.
By providing your payment information, you consent to our sharing of this information with Stripe and agree to be bound by Stripe <a href="https://stripe.com/legal">Terms of Service</a> and <a href="https://stripe.com/privacy">Privacy Policy</a>.
You acknowledge that we are not responsible for Stripe's services or their handling of your data.

5.8. CIFRA isn't liable for issues arising directly from Stripe's systems and technical errors.


(5) PAYMENTS AND TAXES

6.1. It is your responsibility to ensure compliance with the laws that apply to you and your use of CIFRA. This includes any information you post on the Website (the App), the content you view, or any purchases made on the Website (the App). Please be aware that certain jurisdictions may prohibit or restrict such use.

6.2. You represent and warrant that your use of the provided services does not and will not result in a breach, default, contravention, or violation of any applicable laws, agreements, or legal obligations that you are bound by.

6.3. CIFRA may restrict access to certain features or content (digital artworks) in response to requests from state authorities or in compliance with local laws, such as age restrictions. We are not obligated to provide advance notice or disclose the details of such requests unless required by law.


(6) INTERNATIONAL SERVICES

7.1. Users have the option to delete their account at any time by using the appropriate function on the Website or the App.

7.2. When an account is deleted, all personal data associated with it will be permanently removed. Please note that this also means you will no longer have access to any uploaded or purchased artworks, as they will be deleted. The original uploaded digital artworks will be returned to the artist.

7.3. If you wish to maintain active access to your artworks, you can make your account private in your account settings and unsubscribe from all emails in your account settings.

7.4. An artist (or collector) may delete their account after downloading original files of their artworks.

7.5. It is important to note that even if you delete your account, you are still responsible for complying with your obligations under these Terms.

7.6. CIFRA reserves the right to suspend the use of all or part of the services available to a user via the Website (the App) at any time and without prior notice. CIFRA may also take technical and legal actions to limit or prohibit the use of services if a user violates any of these Terms.


(7) ACCOUNT RESTRICTIONS

8.1. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license for your personal, non-commercial use to access and use CIFRA's content, source code, software, and services via the Website and the App.

8.2. You are prohibited from reproducing, distributing, publicly displaying, or publicly performing CIFRA's source code, software, and content (including artworks), or making modifications to the Website (the App)

8.2.1. You represent and warrant that you will not create or use an account the Website (the App) for scraping, saving, or collecting data to create a competitive service or platform, or for creating databases for machine learning or artificial intelligence algorithms. If we find your activity suspicious, we may deactivate your account.

8.3. When you upload an artwork or post any information to your account, you retain full copyright to your works (as both the author and rightsholder).
By doing so, you grant us a perpetual, non-exclusive, royalty-free license, which includes the right to grant sub-licenses.

Perpetual: The license is granted indefinitely, meaning it does not expire and remains in effect, but Users can revoke the license or delete artworks, under these Terms.
Non-Exclusive: Users retain the right to use their work as Users wish and can grant similar licenses to others. CIFRA does not have exclusive rights over your content.
Royalty-Free: CIFRA operates as a remuneration-based platform rather than a royalty-based system.
Remuneration is derived from User subscriptions, meaning it is paid from the overall revenue generated by Users' usage of the service (subscription).
As a result, the license granted by the Artist to CIFRA is royalty-free, and the remuneration is determined by the total amount paid by Users.

Please note that our use of your artwork in promotional activities should not be considered an endorsement, partnership, or advertising of you or your work/services. These promotional activities should not be interpreted as paid promotions or exclusivity clauses that limit the use of other artworks.

The license provides CIFRA with a non-exclusive, worldwide, and royalty-free license to use your artwork and associated information (e.g., your name, artist profile). The purpose of this license is to operate, market, and promote the CIFRA Website (App) as well as artists and CIFRA as the platform (Website, App) owner.  

Specifically, this includes the right to:
- Use, reproduce, and display your artwork or its screenshots on the CIFRA Website, the App (including any embedded posts in social media, App widgets or extensions, and any technically available features in future), and our official social media channels, media coverage.
- Make technical adaptations necessary for presentation, such as formatting, to ensure compatibility with different digital interfaces and media formats. This does not include creating derivative artistic works for commercial sales.
- Display your artwork to our partnered media outlets, publications, and content distributors in relation to events where artist's artwork was presented.

This license explicitly extends to all forms of promotional activity for the CIFRA platform and its services. "Promotional" use includes, but is not limited to:
- Use in online advertisements, digital marketing campaigns, and email newsletters.
- Featuring your artwork on our social media feeds (e.g., Instagram posts, Twitter/X threads, Facebook galleries, Pinterest pins, TikTok videos) to showcase the talent on our platform.
- Inclusion in press releases, media kits, and features in articles or interviews about CIFRA in news publications, blogs, and magazines.
- Use in presentation decks, sales materials, and investor pitches to demonstrate the quality and diversity of artwork available on CIFRA.
- Featuring artwork in our internal corporate reports.

All uses of your artwork will be undertaken in good faith and will be accompanied by appropriate attribution to you, the artist, wherever practicable.

8.4. You acknowledge and agree that any artwork and content you upload will be visible to other users and may be personally used or arranged by other users on the Website (the App). 

8.5. While we make every effort to enhance the security of the Website (the App), we want to clarify that we may not have the legal capacity to defend your intellectual property in cases of reposting or unauthorized use on third-party services. However, we are committed to supporting you in addressing any infringements. If you believe your exclusive rights have been violated, we are more than willing to assist you in gathering evidence of the violation upon your request.

8.6. You agree that we reserve the right to format, reformat, edit, crop, or arrange your artwork or the information you provide in your account if necessary for our social media. However, the artwork uploaded by the artist on the Website (the App) will not be changed by CIFRA.

8.7. We may delete your artwork at any time without prior notice if they violate these Terms or other applicable policies. It is your responsibility to create and maintain backup copies of the content you share via the Website (the App), and we will return the original digital copies of the works you uploaded to you.

8.8. Unless you request otherwise, your name will be published alongside your artwork.

8.9. If you provide suggestions, modifications, or improvements, you grant us an unlimited, perpetual, irrevocable, non-exclusive, royalty-free right to use and exploit your suggestions for any purpose, including creating new products and services. You understand and agree that any feedback or suggestions you provide to CIFRA regarding the services belongs to CIFRA upon communication, and you have no expectation of retaining or receiving any remuneration.


(8) INTELLECTUAL PROPERTY

9.1. You represent and warrant that:
<ul>
<li>The artwork you provide to us is entirely your own work, or you have been assigned or exclusively licensed to make the artwork available via the Website or the App.</li>
<li>The artwork does not contain anything that is restricted, defamatory, or offensive.</li>
<li>Our use of the artwork will not infringe on the rights of any third party.</li>
<li>You are not in breach (and will not be in breach) of any recording, publishing, or commissioning contract, or any exclusivity/non-compete clauses with any third party by making the artwork available on the Website (the App).</li>
<li>You disclose AI usage in Artwork metadata and description on the Website (the App).</li>
<li>You do not use the Website (the App) for AI training purposes.</li>
</ul>
9.2. CIFRA guarantees that all digital artworks provided (uploaded) by users under this agreement will be used exclusively within the limits established by these Terms.

9.3. CIFRA, on its part, will make efforts for the technical protection of digital artworks.

9.4. Users will indemnify and hold CIFRA harmless against any damages that may be awarded or agreed to be paid to any third party in respect of any claim or action that a digital artwork furnished hereunder and used within the scope of the granted license infringes any patent, copyright, registered design, trademark, or trade name rights. In the event of such claims, CIFRA will notify the user, who undertakes to settle such claims at their own expense.

9.5. CIFRA will use digital artworks in the form (or digital format) in which they are transferred by the artist, with the exception of technical necessities such as watermarking, changing file sizes, or making annotations.

9.6. CIFRA will use digital artworks with an indication of the artist's name or any other reference or mention that helps third parties attribute the artworks (e.g., tagging the artist's account on social media).


(9) WARRANTIES

10.1. All services provided by CIFRA are "as is" without any warranty of any kind, either express or implied, including but not limited to the warranty of fitness for a particular purpose or non-infringement.

10.2. We do not make any warranties regarding the following:
<ul>
<li>The Website (the App) meets all your requirements.</li>
<li>The services provided via the Website (the App) being uninterrupted, timely, secure, or error-free.</li>
<li>The results obtained from the use of the Website (the App) being effective, accurate, or reliable.</li>
<li>The quality of any content or services obtained from us, another user, or any third party involved in the service performance meeting your expectations or being free from errors and/or defects.</li>
<li>Promotion or featuring of your Artworks (including main page placement).</li>
<li>Technical support response times or resolution outcomes.</li>
<li>Remuneration levels, frequency, or minimum earnings.</li>
<li>User engagement metrics or algorithmic visibility.</li>
<li>Market valuation or collectability of Artworks.</li>
</ul>
10.3. Any artwork or information posted on the Website (the App) is the sole responsibility of the user who posted it.

10.4. Each user accesses artwork or information posted on the Website (the App) at their own risk, and we shall not be liable for any errors or omissions in such artwork or information or for any related damage or loss.

10.5. You release us from all liability for your interactions with other users and for the purchase of any artwork or other content via the Website (the App).

10.6. While we strive to ensure a satisfying experience on the Website (the App), we do not guarantee the identity of any user, and we shall not be responsible for any user accessing the Website (the App) or uploading or posting any artwork or information.

10.7. You agree to indemnify us for any loss or damage:
<ul>
<li>Arising from any breach by you of any warranty or other term herein or your misuse of any artwork or information obtained through the Website (the App).</li>
<li>Incurred by CIFRA in relation to any third-party claim against us for infringement of intellectual property rights or personal rights arising in relation to your artwork or other information.</li>
</ul>
10.8. You agree that CIFRA will not be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these Terms, or for any damages related to the loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, whether caused by strict liability or tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if CIFRA has been advised of the possibility of such damages. This limitation of liability applies to any other claim, demand, or damages whatsoever resulting from or arising out of or in connection with these Terms or the delivery, use, or performance of the service.


(10) INDEMNITY AND LIABILITY

11.1. Our Privacy Policy applies to all CIFRA users.

11.2. By using or accessing CIFRA, you fully accept the Policy. If you do not want your personal data to be processed in this way, you should not use CIFRA.

11.3. You must not use CIFRA's services to collect information about other users, including email, without their express consent. No user may use any information about other users that is available through the CIFRA Services, except as expressly permitted by these Terms.


(11) PERSONAL DATA

12.1. CIFRA may contain links to or advertisements for other websites, services, or products that may contain materials and information that the user finds offensive, objectionable, illegal, or inaccurate. Such websites, services, and products are subject to their own terms of use and privacy policies, which may differ from these Terms.

12.2. The links to third-party products should not be interpreted as an endorsement by CIFRA. We are not responsible for examining, monitoring, or evaluating the content of such websites.

(12) LINKS TO THIRD-PARTY RESOURCES

If you believe that an uploaded artwork infringes your copyright or trademark rights, please file a notice of infringement by contacting our team at copyright@cifra.com. Please provide the following information:

(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. (2) A description of the copyrighted work that you claim has been infringed. (3) A description of the location on the Website (the App) of the material that you claim is infringing. (4) Your address, telephone number, and email address. (5) A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

After receiving your notice, we will examine the artwork in question, and if the provided information is accurate, we will delete such work from our Website (the App). We terminate an account of "repeat infringers" if it is the subject of three valid infringement notices.

If you see or encounter anything on the Website (the App) that violates any provision of these Terms, we would like you to let us know at copyright@cifra.com. We rely on users to alert us to the information posted by other users and other activities that violate these Terms.


COPYRIGHT CLAIMS

1. These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the applicable Federal Laws of the United Arab Emirates (UAE). You irrevocably submit to the exclusive jurisdiction of the courts of Dubai, UAE, for resolving such disputes, except as provided below.

1.1. If you are a citizen of a European Union member state, Switzerland, Norway, or Iceland, the laws of your usual place of residence and the courts of that jurisdiction shall govern and resolve disputes arising from these Terms. This exception aligns with applicable consumer protection laws and supersedes the general rule above.

1.2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded from governing these Terms.

1.3. Please be informed that the Apple’s EULA (<a href="https://www.apple.com/legal/internet-services/itunes/dev/stdeula/">https://www.apple.com/legal/internet-services/itunes/dev/stdeula/</a>) governs the licensing of the App through App Store. It focuses on Apple’s relationship with the User, including app distribution, updates. These Terms govern the use of the service provided by the App itself, such as User conduct, payment terms, data usage, and intellectual property related to the App.

2. Any dispute, difference, controversy, or claim arising out of or in connection with these Terms, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge, and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre ("the DIFC Courts"), namely the Digital Economy Court. You agree that consumer claims that exceed AED 500,000 are determined under the Consumer Digital Economy Court Claim procedure. Although we retain the right to bring proceedings against you or to enforce proceedings already concluded for breach of these conditions in your country of residence or any other relevant country.

3. You agree to engage in good-faith efforts to resolve disputes prior to either party initiating an arbitration, small claims court proceeding, or equitable relief for intellectual property infringement. You must initiate this dispute resolution process by sending a letter describing the nature of your claim and desired resolution to support@cifra.com. Both parties agree to meet and confer personally, by telephone, or by video conference to discuss the dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation. If the parties do not reach an agreement to resolve the dispute within 90 calendar days after the initiation of this dispute resolution process, either party may commence arbitration.

4. To begin an arbitration proceeding after participating in the Pre-Claim Dispute Resolution Process, you must send a letter requesting arbitration and describing your claim to us at the registered address of CIFRA.

5. All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a representative or collective class basis. Only individual relief is available, and claims of more than one user, person, or entity cannot be arbitrated or consolidated with those of any other user, person, or entity. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party's claims without the written consent of all affected parties to an arbitration proceeding.


Terms of Services