Terms of Service for Digital Content Access
1. General Provisions
1.1. This public agreement (hereinafter referred to as the "Terms" or "Agreement") defines the conditions for granting access to digital products and constitutes an official public offer by Tigran Karenovich Apresyan, an individual registered as a professional income tax payer (hereinafter referred to as the "Provider"), to conclude this Agreement with any fully capable individual or legal entity that accepts this offer (hereinafter referred to as the "Customer").
1.2. The Provider operates under the Federal Law of November 27, 2018, No. 422-FZ "On an Experiment to Establish a Special Tax Regime 'Tax on Professional Income'".
1.3. In accordance with Article 437, Clause 2 of the Civil Code of the Russian Federation, this document is a public offer. The Customer's acceptance of this offer, as outlined in Section 3 of these Terms, constitutes the Customer's full and unconditional acceptance of all terms and conditions without any exceptions or limitations.
1.4. The Agreement is considered concluded and legally binding from the moment the Customer accepts these Terms.
Definitions:
· Provider's Website: The website located at: http://focus-digital.tilda.ws
· Digital Content / Product: Digital products presented on the Provider's Website – Google Sheets (spreadsheets), as well as other accompanying materials (instructions, guides) provided in digital form.
· Acceptance: The full and unconditional payment for the selected Product by the Customer, which is recognized as the conclusion of the Agreement under the terms of this offer.
· Access: Providing the Customer with a unique link to view and/or copy the Google Sheet to their personal account.
· Personal Data: Information provided by the Customer when placing an order (email address, Telegram messenger username), necessary for the execution of this Agreement.
2. Subject of the Agreement
2.1. The Provider grants the Customer access to the purchased Digital Content (Google Sheets), and the Customer agrees to pay for the provided access under the terms of this Agreement.
2.2. The complete list of Products, their descriptions, functionality, and prices are posted on the Provider's Website and form an integral part of this Agreement.
3. Agreement Conclusion and Access Procedure
3.1. The Customer selects a Product on the Provider's Website and, when placing an order, provides the following personal data necessary for communication and fulfillment of the Agreement: email address and Telegram messenger username.
3.2. The Product is paid for by the Customer on a 100% prepayment basis via non-cash payment through payment systems integrated into the Provider's Website.
3.3. The moment of acceptance (full and unconditional acceptance of the terms) and the moment of the Agreement's conclusion is the successful receipt of funds to the Provider's account.
3.4. After confirming successful payment, the Provider will, within a reasonable time but no later than 24 (twenty-four) hours from its receipt, send the Customer access to the purchased Product. The link for accessing the Google Sheet is sent to the email address provided by the Customer and/or to the specified Telegram username (at the Provider's discretion).
3.5. The service of providing access is considered rendered at the moment the link is sent to the Customer by one of the specified methods.
4. Rights and Obligations of the Parties
4.1. The Provider agrees to:
4.1.1. Provide the Customer with access to the purchased Digital Content in the manner and within the timeframes specified in Clause 3.4 of this Agreement.
4.1.2. Ensure the confidentiality of the Customer's personal data in accordance with the legislation of the Russian Federation.
4.2. The Provider has the right to:
4.2.1. Unilaterally change the terms of this Agreement and/or the prices of Products posted on the Website. Changes take effect from the moment of their publication on the Website.
4.2.2. Suspend service provision for technical reasons (maintenance, outages, etc.).
4.3. The Customer agrees to:
4.3.1. Provide accurate data necessary for receiving access to the Product and for communication.
4.3.2. Independently ensure they have the technical capabilities (device, internet access, Google account) to work with Google Sheets.
4.3.3. Not distribute, reproduce, sell, or transfer the provided Digital Content (the link to the Sheet or its copy) to third parties, except for personal use. Any commercial use of the templates and methodologies implemented in the Sheets for the benefit of third parties is prohibited.
4.3.4. Provide a valid email address and Telegram username necessary for the proper execution of the Agreement.
4.4. The Customer has the right to:
4.4.1. Require the Provider to provide access to the Digital Content in accordance with the terms of this Agreement.
5. Service Fees and Payment Terms
5.1. The cost of access to the selected Digital Content is indicated on the Provider's Website at the time of payment by the Customer.
5.2. All service fees include the Professional Income Tax (NPD). The Provider, being a self-employed individual, does not issue invoices or use cash register equipment, but creates a receipt in the "My Tax" mobile application, which is sent to the Customer via email.
5.3. Payment is made in full and in one lump sum based on the issued invoice by transferring funds to the Provider's bank account/card or through a payment gateway.
5.4. The Digital Content is deemed to have been provided properly and accepted by the Customer at the moment the access link is sent. Due to the nature of the product (granting a non-exclusive license to use a digital template), refunds are not provided after the Customer has received access to the Sheet. Claims regarding quality are not accepted after the Content has been copied/downloaded by the Customer.
6. Liability of the Parties
6.1. The Parties shall be liable for failure to perform or improper performance of this Agreement in accordance with the current legislation of the Russian Federation.
6.2. The Provider is not liable for the inability to provide services to the Customer for reasons beyond the Provider's control, including but not limited to: internet, equipment, or software failures on the Customer's side, actions of internet providers, or government authorities.
6.3. The Provider is not liable for the results of the Customer's use of the acquired knowledge, templates, and materials, nor for any potential losses incurred during their application in the Customer's business.
7. Confidentiality and Data Protection
7.1. The purpose of collecting and processing the Customer's personal data is the execution of this Agreement: Customer identification, communication for providing access to the Product and resolving issues related to the Agreement, as well as sending informational and promotional messages.
7.2. Scope of processed data: email address, Telegram messenger username, mobile phone number.
7.3. Processing of personal data is performed through mixed processing (collection, recording, systematization, accumulation, storage, clarification (updating, modification), use, transfer (providing access).
7.4. The Provider undertakes not to transfer the received personal data to third parties, except when necessary for the technical support of mailings (e.g., using email services), and only if such parties ensure the confidentiality of the personal data.
7.5. By accepting these Terms, the Customer gives their consent to such processing of their personal data in accordance with Federal Law No. 152-FZ of July 27, 2006 "On Personal Data" for the purposes and under the conditions specified herein.
7.6. Consent to the processing of personal data is valid until its withdrawal by the Customer via a corresponding notification sent to the Provider's email. Withdrawal of consent makes it impossible to further execute the Agreement.
8. Final Provisions
8.1. This Agreement is governed by the legislation of the Russian Federation.
8.2. All disputes and disagreements shall be resolved through negotiations. If an agreement is not reached, the dispute shall be referred to a court at the Provider's place of registration.
8.3. If any provision of this Agreement is found by a court to be invalid, it shall not affect the validity of the remaining provisions.
9. Provider's Details and Contact Information
Full Name: Tigran Karenovich Apresyan
Taxpayer ID: 380509091480
Contact e-mail: focus_lab@mail.ru