You acknowledge that this Agreement is a contract between you and GLOBAL TRAFFIC STRATEGIES FZCO, even though it is electronic and is not physically signed by you, and it governs your use of the “Rush Analytics” Service.
1. Subject of the Agreement
1.1. The subject of the current Agreement is the provision of services by the Administration of the Service to the User by giving access to the “Rush Analytics” Service on a server owned by the Administration of the Service and located at https://rush-analytics.com/.
1.2. The Agreement shall apply to any updates and versions of the “Rush Analytics” Service.
1.3. The User fully accepts all the changes and additions of the Agreement by continuing using the “Rush Analytics” Service.
1.4. In accordance with this Agreement, the User agrees to use the “Rush Analytics” Service, as well as to pay remuneration to the Service Administration for providing access granting services under the terms and conditions stipulated in this Agreement.
1.5. The “Rush Analytics” Service is the result of the intellectual activity of the Service Administration. All exclusive rights to the “Rush Analytics” Service, accompanying materials and any copies thereof belong to the Service Administration. The right to use the “Rush Analytics” Service is granted to the User exclusively on the terms and to the extent stipulated by this Agreement.
2. Conditions of “Rush Analytics” Service usage
2.1. To start working with the “Rush Analytics” Service, the User must complete the registration procedure by assigning a unique name (Login) and password. Upon completion of the registration process, the User becomes the owner of an account. From the moment of logging into the personal account, the User is personally responsible for the security of the entered data, as well as the Login and password.
2.2. Upon completion of work with the “Rush Analytics” Service, the User independently finishes the session on the personal account by pressing the “Sign Out” button.
2.3. From the moment of registration in the “Rush Analytics” Service, the User is given the opportunity to purchase paid access to the “Rush Analytics” Service, with the exception of the trial access to the “Trial” “Rush Analytics” Service. The User purchases paid access according to the Subscription Plan indicated on the website: https:/rush-analytics.сom/pricing-plans.
2.4. The Subscription Plan indicated on the website at https://rush-analytics.com/pricing-plans provides for crediting a certain number of credits. If, before the end of the Subscription Plan, the User has unused and/or additional credits and the User, not later than 1 (one) calendar day before the expiration of the current Subscription, renews the current Subscription or issues a new Subscription Plan, then unused credits and/or additional credits are transferred to the next paid period. If the User does not renew the current Subscription Plan or does not issue a new one before the expiration of the current Subscription Plan, the unused and/or additional credits will be canceled.
2.5. Payment for services (purchase of a Subscription Plan or additional credits) is carried out by wire transfer of the funds to the account of the Service Administration in the form of a 100% advance payment.
2.6. The Subscription Plans for the “Rush Analytics” Service are paid every 30/90/180/365 days, depending on the selected Subscription Plan. The validity of the Subscription Plan is 30/90/180/365 days, respectively. The User has the right to buy additional credits that are not included in the price of the Subscription Plan. The validity period of the additional credits corresponds to the amount of the remaining days of the paid Subscription Plan.
2.7. The Service Administration provides technical support to the User, including on issues related to the functionality of the “Rush Analytics” Service and the services provided, as well as the features of the “Rush Analytics” Service operation.
2.8. The paid services are considered as rendered properly and accepted by the User in full if no reasoned claim is sent to the Service Administration within 3 (three) working days after User pays for the Subscription Plan.
3. Rights and obligations of the parties
3.1. User’s rights and obligations
3.1.1. The User agrees not to take actions that may be considered as violating international laws, including those in the field of intellectual property, copyright and/or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the “Rush Analytics” Service. The User does not have the right to involve unauthorized persons who may provide technical interference in the operation of the “Rush Analytics” Service. The maintenance of the “Rush Analytics” Service, as well as any changes and updates, may be carried out exclusively by the employees of the Service Administration who possess the necessary qualifications.
3.1.2. The User agrees not to provide (transfer) in whole or in part the rights they receive under their Agreement to third parties, not to sell, replicate, or copy the materials of the “Rush Analytics” Service in whole or in part, and not to alienate in any other way, including free of charge.
3.1.3. The User agrees not to transfer passwords and logins used to access the “Rush Analytics” Service to third parties to ensure the confidentiality of their storage. In case of unauthorized access to the login and password and/or the user account, the User is obligated to immediately inform the Service Administration about it.
3.1.4. The User agrees not to use software that automatically downloads and processes (disassembles) the web pages of the “Rush Analytics” Service in order to obtain the necessary data (not to “parse” the web pages of the “Rush Analytics” Service).
3.1.5. The User has the right to access the “Rush Analytics” Service at any time, except for the time of maintenance.
3.1.6. The User has the right to use the “Rush Analytics” Service within the limits of its functionality and on the terms established by this Agreement.
3.1.7. The User has the right at any time to apply for the deletion of the User’s account and information stored on the “Rush Analytics” Service. The deletion of the User’s account and information stored on the “Rush Analytics” Service will be performed within 7 days from the date of receipt of the application. When the account is deleted, the funds become non-refundable.
3.2. The rights and obligations of the Service Administration
3.2.1. The Service Administration is obligated to provide the User with access to the “Rush Analytics” Service no later than 1 (one) business day from the moment the User completes the registration procedure on the “Rush Analytics” Service.
3.2.2. The Service Administration has the right to suspend the operation of the “Rush Analytics” Service to carry out the necessary planned preventive and repair work on the technical resources of the Service Administration, as well as unscheduled work in emergency situations.
3.2.3. The Service Administration has the right to update the content, functionality, and user interface of the “Rush Analytics” Service at any time at its sole discretion.
3.2.4. The Service Administration reserves the right to halt or decline access to the “Rush Analytics” Service unilaterally if there are suspicions that a User is involved in an unlawful action until the ascertaining of circumstances.
3.2.5. The Service Administration has the right to block and/or delete the User’s account, including all information content of the User without explaining the reasons, in case of non-use of the “Rush Analytics” Service within 90 (ninety) calendar days, as well as in case of violation by the User of the terms of this Agreement.
3.2.6. The Administration of the Service has the right to unilaterally delete data, projects in the User’s account, including all information content, without notice to the User, if the age of such data, projects and information content in the User’s account is 5 (Five) or more years.
5. Warranty disclaimer & limitation of liability
5.1. The “Rush Analytics” Service is provided to the User “as is”. This means that the Service Administration is not responsible for problems arising in the process of updating, maintaining, and operating the “Rush Analytics” Service (including compatibility problems with other software products, as well as inconsistencies between the results of using the “Rush Analytics” Service and the User’s expectations, etc.).
5.2. The Service Administration is not responsible for non-fulfillment or improper fulfillment of obligations under this Agreement, as well as for direct and indirect losses of the User, including lost profits and possible damage resulting from illegal actions of Internet Users aimed at violating information security or the normal functioning of the “Rush Analytics” Service; lack of Internet connection between the User’s computer and the server of the Service Administration; carrying out of operational search actions within the framework by state and municipal bodies, as well as other organizations; the establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or the establishment by these entities of one-time restrictions that complicate or make the execution of this Agreement impossible; and other cases related to actions (or lack thereof) of Internet users and/or other entities aimed at worsening the general situation with the use of the Internet and/or computer equipment that existed at the time of the conclusion of this Agreement.
6. Governing law and jurisdiction
6.1. In case any dispute or discord occurs in regards to the Agreement, the parties will attempt to sort out all the issues in the course of the discussion.
6.2. This Agreement shall be governed by and defined following the laws of England and Wales. GLOBAL TRAFFIC STRATEGIES and you irrevocably consent that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms. Governing law is without regard to any conflicts of law principles.
7. Other conditions
7.1. The Agreement is in force as of the moment of the User’s registration and is valid till the sides have carried out the obligations in full.
7.2. Either party may terminate this Agreement if the other party materially breaches any of its representations, warranties or obligations under this Agreement or commits another material breach.
7.3. This Agreement does not create or imply any agency, partnership or franchise relationship. Nothing in this Agreement, express or implied, is intended to or shall confer on any third party any right, benefit or remedy of any nature whatsoever.
7.4. All purchases are non-refundable. You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our services, please email us at email@example.com.
7.5. In case of impracticability or invalidity of any clause of this Agreement, due to changes in legislation or for other reasons, the remaining clauses of the Agreement will not lose legal force.
7.6. Entire Agreement. This Agreement constitutes the sole and exclusive agreement between the parties and supersedes and cancels any and all prior or contemporaneous agreements, whether in written, oral or electronic form.
8. Сontact information
GLOBAL TRAFFIC STRATEGIES FZCO