1.1. These Terms of Service (hereinafter also referred to as the “ToS”) shall apply to any and all use of https://rushburst.com/ website (hereinafter referred to as the “Website”), owned by SERUNO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ having its business premises in Wroclaw, Poland, 50-086, on ul. Sucha 3, with National Court Register number (KRS): 0001148068 and Polish tax identification number (NIP): 8993013471 (hereinafter referred to as the “Service Provider”, or the “Vendor”, or “Seruno”),

by

any physical or legal person regardless of her(his) / its geographical location and / or legal form (hereinafter referred to as the “User”).

(hereinafter the Vendor and the User referred collectively as the “Parties”).

1.2. By any and all use of the Website the User hereby acknowledges and accepts these Terms of Service. The User shall be deemed to have acknowledged and consented to the current ToS upon successful opening the Website.

1.3. The rules governing the Websites’ use are comprised by these Terms of Service, the Privacy Policy, and the applicable provisions of the law. ToS and the Privacy Policy are publicly available on the Seruno website and can be accessed via Website.

1.4. In the unlikely event of discrepancies between the ToS and any individual agreements and / or negotiations and / or concluded contractual provisions, the terms of the given contract shall prevail. The ToS shall apply to the extent not regulated by such contract.

1.5. Under no circumstances shall the User’s internal policies and / or regulations be of binding effect upon Website and / or Seruno, its affiliates and subsidiaries. In the absence of any prior written arrangement(s) the ToS shall render void and replace all other clauses set forth by any Users internal policies and / or regulations.

2.1. User being a physical person hereby warrants, represents and guarantees that (s)he possesses the full legal capacity, the capacity to perform legal actions and is at least eighteen (18) years of age.

2.2. User being a legal person hereby warrants, represents and guarantees that it possesses the full legal capacity, the capacity to perform legal actions and that the person(s) representing it are duly authorised to sign and perform any contract.

3.1. The User is obliged to:

3.2. The User shall not use the Website or Services in a manner that infringes upon good morals, third-party rights, personal rights, or the legitimate interests of the Service Provider

3.3. Seruno reserves the right to determine what conduct it considers to be in violation of these Terms of Service and may, with immediate effect, suspend or revoke the User’s right to access the Website and /or Services in the event of a violation of these ToS and / or applicable law(s).

4.1. The Service Provider shall provide the following services (hereinafter referred to as the “Services”), via Website, to the User:

4.2. The Services are provided to the User free of charge.

4.3. When providing User with the Services, the Vendor may display advertising. Any Users dealings and / or engagements with any advertiser(s) via Website are between the User and the advertiser - subject to additional terms and conditions of the advertiser (if any).

4.4. The Service Provider reserves the right to temporarily suspend the Website and / or Services operations in order to implement changes or perform enhancements, maintenance or repairs.

5.1. All and any intellectual property rights to Seruno’s Website and Services are and shall remain the exclusive property of Seruno. The intellectual property rights shall mean all intellectual property rights, in particular: copyrights, patents, related rights, industrial property rights, database rights, rights to trade names, company names and other distinctive signs, data exclusivity rights and all other exclusive rights having an effect being similar or equivalent to the effects.

5.2. Using any Seruno Services and / or Website does not constitute a transfer of any intellectual property rights being the property of Seruno.

5.3. The User shall not violate Vendor’s intellectual property rights; in particular (s)he is not allowed to copy, modify, interfere with, decompile, alter, rebuild or playback Website and / or Services. User by himself and / or in arrangement and / or by a third party(ies) is also not allowed to conduct any reverse or backwards engineering activities on Vendors Website and / or Services.

5.4. Applications specified by clause 4.1.2 above are subjects of the intellectual property rights owned and / or licenced by the third parties and shall have the meaning along with the respective protection to those specified by the clauses 5.1 and 5.3 above.

6.1. Websites content and Services are provided on “as is” bases and the Vendor shall not be held liable for any technical and / or legal limitations faced by the User. This shall in particular include any limitations caused by geographic location and / or used hardware and / or software and / or telecommunication infrastructure.

6.2. Seruno’s liability for damages resulting from improper or non-performance to the ToS including any direct and / or indirect liability for any defects in any and all cases shall be limited to factual damage incurred by the User. This shall mean that the liability does not extend to loss of benefits, loss of income, loss of production, damage resulting from losing any contract and / or client, and any other indirect, consequential damage or loss other than the damage directly related to Seruno Services.

6.3. Seruno shall not be held liable for improper / part performance or non-performance of the ToS if such improper or non-performance is a result of a force majeure. Force majeure shall be deemed as an extraordinary external occurrence whose appearance could not be foreseen at the time of placing given order(s) or which the Party affected by the force majeure could not prevent. Within the meaning of the ToS the force majeure means in particular but shall not be limited to act(s) or omission(s) of the State Authorities, strike(s), lockout(s), war(s), blockade(s), uprising(s), riot(s), epidemic(s), earthquake(s), fire(s) and flood(s).

6.4. Service Provider does not grant a warranty for the Services.

6.5. Statutory warranty for defects, specified by the articles 556 – 576 of the Polish Civil Code, shall hereby be excluded.

7.1. These Terms of Service were created in accordance with the Law of Poland and the Polish Law shall be applied.

7.2. In the event of any occurred dispute the Parties shall attempt to resolve the occurred dispute by an amicable settlement before it is submitted to the Common Court having its jurisdiction over the business premises of Seruno.

7.3. Users may submit complaint(s) about the Website and / or Services. Each complaint should be submitted in writing to the Service Provider's address or via email at: [email protected] . Complaints must include the User’s full name, correspondence address, email address, and a detailed description of the issue. Vendor undertakes to review each complaint within twenty (20) business days. This period may be extended in the event of complex issues, in which case the User shall be notified within the initial twenty (20) days period.

8.1. These ToS shall apply as of 01.02.2025.

8.2. Seruno reserves the right to amend the ToS.

8.3. Any reproduction or publication of these ToS without a prior written consent of the Service Provider is strictly prohibited.

8.4. If all or any provision of this ToS is or becomes invalid, void, or unenforceable, all other provisions, including the remaining part of the invalid, void, or unenforceable provision, shall remain fully effective and enforceable. Seruno hereby undertakes to immediately replace the invalid, void, or unenforceable provision (or its invalid, void or unenforceable part) with another one in such a way that it fully meets the economic purpose of the replaced provision (or its part thereof).

8.5. Headings of particular sections were created for the convenience of the Parties and shall not be considered when interpreting the ToS.