Agreement on the “IProduct Safe & Trading” access system opening
The IFactory company, on the one hand, and the user, hereinafter referred to as the “System Resident”, on the other, jointly or separately hereinafter referred to as the “Parties”, have entered into this Agreement on IProduct Safe & Trading system access opening (hereinafter referred to as the Agreement).
1. Terms and definitions
In the Agreement, the following terms have the following meanings:
1.1. The IProduct Safe & Trading system (hereinafter referred to as the System) is a component of the automated information system of the IFactory company – an Internet portal that provides information interaction in electronic form between the IFactory company, System Residents and other engaged parties.
1.2. System Resident – a person registered in the System in accordance with the requirements of the System with the assignment of a login, electronic ID and personal number in the System.
1.3. An intellectual product is an array of data, the submission of which at a certain time by a certain System Resident for deposit in the System depository is verified in accordance with the System rules, including with the help of the NFT distributed data storage system.
1.4. An electronic document (ED) is a document in which information is presented in electronic form.
1.5. Electronic ID – information in electronic form that is attached to other information in electronic form (signed information) or otherwise associated with such information, and which is used to identify the person signing the information.
1.6. Electronic ID key – a unique sequence of characters designed to protect individual access to the System Resident ID.
1.7. The owner of the electronic ID key – for the purposes of the Agreement, an individual who owns a unique sequence of characters designed to protect individual access to the System Resident ID.
1.8. Encryption is a way of converting open information into closed information and vice versa. It is used to store important information in unreliable sources or transfer it through insecure communication channels. Encryption includes the processes of encryption and decryption.
1.9. Request – an electronic document generated by the System Resident, drawn up in the form of a request, notification, message, application, signed by the System Resident ID in order to receive the System services, information contained in the System information resources, in electronic form or in the form of a verified document on paper.
1.10. Instruction for assignment of rights to the Intellectual Product – an electronic document generated by the System Resident, signed by the ID of the System Resident, sent to the System with instructions from the owner of the Intellectual Product to assign the rights to use this Intellectual Product for commercial purposes to another System Resident.
1.11. Certificate of Assignment of Rights to an Intellectual Product – an electronic document generated by the System and sent to the following addresses:
1) The system resident of the original owner of the record (indicating the individual number in the system) in the deposit vault of the IFactory company (Intellectual Product), indicating from the original owner of the Intellectual Product to assign the rights to use this Intellectual Product for commercial purposes to another System Resident, indicating the individual number in the System of the end purchaser of the Intellectual Product;
2) System resident indicating the individual number in the system of the end purchaser of the Intellectual Product.
1.12. Appeal – an electronic document generated by the System Resident in a free form, signed by the System Resident ID, in order to improve the activities of the System, inform about violations of the law and the rights of the System Resident, in order to obtain clarifications in case of displaying false or questionable data in the System, as well as in case of the emergence of problems in the operation of the System as a whole and the submission of proposals for its improvement.
1.13. Response to a request – an electronic document generated by the System, including verified using the NFT distributed data storage system, or in the form of a verified document on paper in response to a corresponding request sent by the System Resident
1.14. System Remuneration means the funds that the System withholds from the System Resident in the event that this System Resident issues an Order in the System for the assignment of the Intellectual Product rights in favor of another System Resident. It is 5% of the cost of payment for a specific Order for the assignment of rights in the units of account of the contract.
2. Subject of the agreement
2.1. The IFactory Company provides the System Resident with access to the System in order to:
verification of the provision of a specific data array at a specific time by a specific System Resident;
entering verified data arrays for deposit storage in the System database;
on behalf and on behalf of the System Resident, making transactions for the assignment of rights to commercial use of Intellectual Products from one System Resident to another.
2.2. The Parties acknowledge that the electronic documents received by them, signed by the ID of the System Resident on the one hand and emanating from the official e-mail of the System on the other hand, are legally equivalent to paper documents certified by the respective signatures and (or) seals of the Parties.
2.3. The Parties acknowledge that the use according to the Agreement the system Resident ID as a signature on the one hand and documents emanating from the official e-mail of the System on the other hand, is sufficient to ensure the confidentiality of information, including protection of information from access by third parties, including confirmation that :
– the electronic document comes from the Party that transferred it (confirmation of the authorship of the document);
– the electronic document has not changed during the information interaction of the parties (confirmation of the integrity and authenticity of the document).
2.4. When working with the System, the Parties are guided by the current legislation of the Swiss Confederation.
3. General conditions
3.1. When exchanging electronic documents, to confirm that the document was sent by the relevant party, the System Resident sends the corresponding document using the System Resident ID, and the System sends the outgoing address of the letter from the System’s official e-mail.
3.2. The System Resident, at his own expense, acquires, installs and maintains the functionality of software, information security tools, data transmission services, including the services of the worldwide Internet network, necessary to connect and use the System.
4. Procedure for the exchange of electronic documents
4.1. The Parties shall exchange the following electronic documents, including those verified in accordance with the requirements of the System:
– electronic document – an Application in the prescribed form of the System Resident for verification of the provision of a specific data array at a certain time by a certain System Resident and for depositing this array (Intellectual Product) in the System depository for a period of 3 years;
– an electronic document – a Certificate of the established form of the System, confirming the verification of the provision of a specific data array at a certain time by a certain System Resident (with a signature of the array, the date and time of its provision using NFT technology) and the deposit of this array (Intellectual Product) in the deposit storage of the System for a period of 1 year;
– electronic document – Request of the System Resident for an extract from the System’s depository, confirming the verification of the provision of a specific data array at a certain time by a certain System Resident (with a signature of the array, the date and time of its provision using NFT technology) and for depositing this array (Intellectual Product) in deposit vault of the System, indicating the period of placement in the deposit vault of the System;
– electronic document Order for the assignment of rights to the Intellectual Product
electronic document Certificate of assignment of rights to the Intellectual Product;
– an electronic document of the System generated in response to a request from a System Resident;
– an electronic document of the System formed as a result of the Refusal to satisfy the request of the System Resident;
– electronic document – Application of the System Resident,
as well as other electronic documents necessary to inform the System Resident.
4.2. An electronic document, duly executed and signed using the ID of the System Resident, to the official e-mail of the System.
4.3. After checking the signing of the document using the ID of the System Resident, the System receives the Request of the System Resident.
4.4. The System informs the System Resident about the progress and results of consideration of requests in the System interface.
4.5. The System, acting in the interests of the System Residents, responds to requests, notifications, messages, statements of third parties regarding the operation of the System.
5. Rights and obligations of the parties
5.1. The IFactory company has the right to change the list and cost of services provided using the System, as the company’s automated information system develops, as well as when new laws and regulations come into force affecting the relationship between the IFactory company and the System Resident.
5.2. In accordance with the requirements of the laws of the Swiss Confederation, IFactory has the right to unilaterally change the forms and list of electronic documents used in the exchange.
5.3. IFactory assumes the following rights and obligations:
– ensure the functioning of all equipment from the System, necessary for the exchange of electronic documents with the System Resident;
– if the requirements for electronic documents used in the exchange change, the System undertakes to notify the System Resident of these changes by sending a message to the System Resident’s e-mail specified by the System Resident when registering in the System.
5.4. The system resident assumes the following rights and obligations:
– check the absence of copyrights registered (verified) by third parties to the arrays of information sent by the System Resident to verify the provision of a specific data array at a certain time by a certain System Resident and to deposit this array (Intellectual Product) in the System depository;
– ensure the functioning of all equipment on the part of the System Resident, necessary for the exchange of electronic documents with the System.
5.5. In order to ensure the security of processing and confidentiality of information, the System Resident assumes the following obligations:
– ensure the confidentiality of the electronic ID keys of the System Resident, in particular, not allow the use of keys belonging to him without his consent;
– notify the System of a violation of the confidentiality of the electronic ID key of the System Resident within no more than one working day from the date of receipt of information about such a violation;
– do not use the key of the System Resident’s electronic ID if there is reason to believe that the confidentiality of this key has been violated.
5.6. If it is impossible to fulfill obligations under the Agreement, the Parties immediately notify each other of the suspension of obligations, while the System Resident is notified by the System by sending an e-mail to the e-mail address specified by the System Resident when registering in the System.
6. Liability of the parties
6.1. The parties are responsible for the misuse of information in accordance with the laws of the Swiss Confederation.
6.2. The IFactory Company shall not be liable for damage caused to the System Resident when they submit information to the System through all communication channels, which arose as a result of the System Resident’s failure to comply with the obligations specified in the Agreement.
7. Duration of the agreement
7.1. The Agreement shall enter into force from the moment the System receives the signed electronic ID of the System Resident of this Agreement and is concluded for an indefinite period. Confirmation of the conclusion of the Agreement by IFactory and the period for opening access to the System are indicated in the notification sent to the e-mail address of the System Resident specified by the System Resident when registering in the System after the System receives the signed Agreement from the System Resident.
7.2. In case of non-use of the System service by the System Resident within 12 months, the Agreement terminates automatically, of which the System notifies the System Resident 14 days before the suspension of access to the System.
7.3. Obtaining a new System Resident ID instead of the previous one is the basis for renewing the Agreement.