Hereby, sole proprietor Elena Leonidovna Saltykova (hereinafter referred to in this public offer as the "Entrepreneur", "Platform"), registered in the Unified State Register of Individual Entrepreneurs under Primary State Registration Number (OGRNIP) 323350000008567, declares that it shall consider itself to have entered into an agreement for the provision of a set of information, organizational and agency services on the terms of this offer (hereinafter — the "Offer") with any individual who provides the Acceptance described in this public offer.
Terms and DefinitionsAgreement — the agreement concluded between the Platform and the Client at the moment of receipt of the Acceptance on the terms of this Offer, to be performed by the Platform in favor of the Beneficiary. The conclusion of the Agreement is confirmed by opening a Digital Account for the Client and/or creating an e-wallet on the iOS or Android platform, linked to the Client's phone number.
Digital Account Activation — the opening by the Platform of a virtual account for the Client indicating the balance of unused minutes (hours).
Acceptance — actions of the Client evidencing their intention to enter into the Agreement with the Platform on the terms of this Offer. Such actions include, among others: (i) payment by the Client to the Platform of funds to top up the Digital Subscription and/or (ii) confirmation of agreement with the terms of this Offer on the Platform's Website.
Provider — a legal entity or individual entrepreneur that has a contractual relationship with the Platform for the purpose of providing services to Clients.
Service — providing the Client with access to information and telecommunications entertainment using the Provider's equipment, including virtual reality (VR) entertainment, measured in minutes (hours).
Client (Beneficiary) — a person who has entered into the Agreement with the Platform by giving Acceptance in the manner established by this Offer.
Digital Subscription — the right to receive the service from the Provider for a certain period of time.
Cost of the Digital Subscription — the amount of money determined by the Platform and communicated to the Client through corresponding labeling on the Platform's Website or in another similar manner, which the Client must transfer to the Platform in order to receive a certain number of minutes (hours) to their digital account. The cost of the subscription includes the Platform's expenses for acquiring the service for the Beneficiary and the Platform's remuneration for performance of the Agreement.
Digital Account — the Client's virtual account reflecting the minutes credited to the Client by the Platform, both for performing certain actions and as a result of purchasing a digital subscription, which the Client may spend to receive the Service from the Provider.
Platform Website — a website posted by the Platform on the Internet at: https://cyberpass.tech
Provider Website — a website posted on the Internet from which the Client can obtain information about the Provider and the Service.
Loyalty Program — the Client incentive program operated by the Platform. The Loyalty Program Rules are available on the Platform's Website at:
https://cyberpass.tech/en/loyalty and form an integral part of this Offer.
AcceptanceOn the day the Client performs the Acceptance, the Client and the Platform are deemed to have entered into the Agreement on the terms of this Offer. As confirmation of the conclusion of the Agreement, minutes (hours) are credited to the Client's Digital Account, which they may use upon presenting the digital subscription to the Provider.
By accepting this Offer, the Client also confirms their agreement with the Loyalty Program Rules and joins the Loyalty Program.
Obligations of the PlatformUnder the concluded Agreement, the Platform undertakes to provide the Client with a set of intermediary and information-organizational services, namely to:
provide the Client with information about the Provider and the service being rendered;
ensure the possibility of Subscription Activation;
ensure that the Client receives the service from the Provider;
ensure payment to the Provider for services actually rendered to the Client.
The Platform's obligations under the Agreement are deemed fully performed upon activation of the subscription and payment to the Provider for services actually rendered to the Client, as well as in other cases established by this Offer.
The Platform provides the digital subscription, opens a virtual account, provides informational support, and is not liable for any harm caused to the Client in the course of receiving the service (including harm to the life, health, or property of the Client), including where such harm is caused through the fault of the Provider.
Services ProvidedInformation about the Provider, the Digital Subscription, the Digital Account, as well as information about age and other restrictions and requirements that must be complied with in order to receive the service from the Provider, is contained on the Platform's and/or Provider's Website and forms part of this Offer.
The Provider's services may only be received by the Client within the territory of performance established on the Platform's Website.
The Platform reserves the right to refuse to sell a Digital Subscription if, in accordance with applicable requirements and restrictions, the service cannot be provided to a particular Client due to their non-compliance with any requirements or restrictions necessary to receive the Service. If the Client fails to notify the Platform of their non-compliance with such requirements and restrictions upon activating the subscription and topping up the Digital Account, or misleads the Platform regarding their compliance with such requirements and restrictions, making it impossible for the Provider to actually render the service, the Platform's obligations under the Agreement shall be deemed fully performed. This applies, in particular, to any medical conditions of the Client preventing normal use of the Service, such as epilepsy.
Subscription ActivationSubscription Activation occurs at the moment of payment, by crediting minutes (hours) to the Client's Digital Account. Activation of the subscription and opening of the Digital Account is confirmed by sending an automatic confirmation message to the phone number provided by the Client.
In the course of Subscription Activation and provision of the service, the Client gives the Platform and the Provider consent to the processing of their personal data and consent to receive promotional and informational mailings by email or SMS. The Client may opt out of receiving informational mailings in the manner described on the Platform's and Provider's Website.
The Provider uses special software developed for the Platform, which allows recording the fact of subscription use and the Client's receipt of the service by deducting minutes (hours) from the Client's Digital Account. At the end of each month, the Platform pays the Provider the cost of the time actually used by the client.
Procedure for Receiving the ServiceTo receive the service, the Client must come to any of the Provider's locations specified on the Platform's/Provider's website. The Provider's schedule and business hours are also indicated on its website. The Client must have access to their Digital Account and provide their personal QR code to the Provider's staff member to record the start and end of the provision of the Service.
After activating the Subscription, the Client is entitled to receive the service from the Provider. The specific time and place of receiving the Service is determined by the Client independently through their own actions.
Platform RemunerationIn all cases where, in accordance with the terms of this Offer, the Platform's obligations under the Agreement are deemed fully performed, the Platform's remuneration for the services rendered under the Agreement is deemed equal to the difference between the Subscription's face value and the expenses incurred by the Platform in performing the Agreement, including the amount paid to the Provider for the service and all organizational costs. In all cases where, in accordance with the terms of this Offer, the Platform's obligations under the Agreement are deemed fully performed, but the Platform has not incurred any expenses in performing the Agreement, the Platform's remuneration is deemed equal to the face value of the subscription.
Withdrawal from the AgreementThe Client has the right to withdraw from the Agreement and request a refund of unused minutes (hours) in ruble equivalent. The refund is calculated based on the cost of one minute (hour) as indicated on the Provider's website, multiplied by the number of unused minutes (hours).
For the avoidance of doubt, the right to withdraw from this Agreement and the right to claim a refund belong to the Client and may not be transferred to a third party without the Platform's prior written consent.
When refunding a subscription paid for by non-cash payment on the Platform's Website, the Client's corresponding written application may be submitted to the Platform no later than 14 calendar days from the date of payment of the face value of the subscription. The refund application must include the Client's passport details. The application must be accompanied by original documents confirming the Client's payment of the face value of the subscription on the Platform's Website. In such case, the refund is made to the bank card from which the payment of the Subscription face value was made, within 5 business days from the date the application is submitted.
Final ProvisionsThis Offer becomes effective upon its posting on the Platform's Website — February 1, 2025.
The Beneficiary must review this Offer before making a claim for performance of the Agreement in their favor (Subscription Activation). By making a claim to the Provider for performance of the Agreement in their favor, the Beneficiary thereby confirms their agreement with the terms of the Agreement set forth in this Offer.
The provisions of this Offer apply exclusively to relations regarding the purchase of subscriptions and the opening of the Client's virtual accounts. The purchase from the Platform of other goods, works, or services that are not subscriptions is governed by the applicable legislation of the Russian Federation.
The parties shall be released from liability for partial or complete failure to perform obligations under the Agreement if such failure resulted from force majeure circumstances arising after the conclusion of the Agreement, which the parties could not foresee or prevent. In the event of such circumstances, the time for performance of obligations under the Agreement shall be extended in proportion to the duration of such circumstances and their consequences.