User Agreement

SECTION 1. GENERAL PROVISIONS OF THE AGREEMENT

1.1. The Agreement becomes effective from the moment it is posted by the Company on the web portal www.rushify.ca, at the link https://rushify.ca/agreement.html (hereinafter referred to as "Effective Date"). 1.2. In accordance with Articles 633, 634 of the Civil Code of Canada, this Agreement is a public contract (offer) and an adhesion contract that establishes the rules and requirements regulating the use of the Service. 1.3. In accordance with Articles 638, 640 of the Civil Code of Canada, the unconditional acceptance (acceptance) of the terms of this Agreement is considered to be the User's Registration on the Service, which is carried out by filling out the registration form and agreeing to its terms after completing the Registration process. 1.4. Upon acceptance (acceptance) of the terms outlined in this Agreement, the User (any competent physical or legal person) undertakes to comply with the terms of this Agreement, its supplements, and appendices. 1.5. The place of conclusion of the Agreement is the location of the company. 1.6. The Company reserves the right to make any changes to this Agreement at its discretion. Changes to this Agreement become effective from the moment a new version of the Agreement is posted on the web portal www.rushify.ca as provided in section 1.1 of this Agreement. 1.7. THE USER ACKNOWLEDGES THAT BY USING THE SERVICE AND SERVICE'S SERVICES AFTER ACCEPTANCE (ACCEPT) OF THIS AGREEMENT, THEY FULLY AGREE WITH ITS TERMS. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT AND DO NOT ACCEPT THEM, YOU SHOULD NOT REGISTER ON THE SERVICE AND USE THE SERVICES OFFERED BY THE SERVICE.

SECTION 2. DEFINITIONS AND TERMS USED IN THE AGREEMENT

2.1. In the Agreement, unless explicitly stated otherwise, the following words and expressions will have the following meanings: 2.1.1. Service – the aggregation of data, electronic (digital) information, data structured accordingly, algorithms, images, interconnected and structured within the website address www.rushify.ca, access to which is made via the Internet network address owned by the Company. All property rights of intellectual property, in particular but not limited to, the right to use the object, the exclusive right to allow the use of the object of intellectual property rights, the exclusive right to prevent unlawful use of the object of intellectual property rights, including prohibiting such use of intellectual property rights, and other property rights of intellectual property established by the laws of Canada, regarding the components of the Service (copyright objects, commercial name, and trademark) belong to the Company; 2.1.2. Service Administration – the Company and its employees, other persons (subcontractors) duly authorized by the Company to directly manage the Service; 2.1.3. User – any person who has accepted the terms of this Agreement and registered on the Service and uses it, has their own Profile and Personal Account. A User can register on the Site as a Client and/or Executor; 2.1.4. Client – a User who has registered on the Service and posts their Orders in accordance with the terms of this Agreement, and also independently and/or using software tools of the Service for automatic search, selects an Executor to receive services/results of works for the Task; 2.1.5. Executor (Freelancer) – a User who has registered on the Service in accordance with the terms of this Agreement, who posts Offers and Messages on the Service in accordance with the terms of this Agreement; 2.1.6. Registration – the procedure of filling out the registration form offered to the User for registration on the Service, after approval by the Company, such a person is assigned an Account; 2.1.7. Account – the aggregation of User data stored on the Service, their unique username (login), password, email address, and other information for authentication on the Service, which were personally specified by the User during the Registration process; 2.1.8. Cabinet – a section on the Service that is accessible to the User, through which the User manages their Account and Balance in case of replenishment, contains general settings and profile management, access to manage the use of the Service's Functionality;

2.1.9. Profile (Client) – the profile of the Client, which is available for display to Executors, and contains information about Orders; 2.1.10. Profile (Executor) – the profile of the Executor, which is available for display to Clients, on which the Executor independently posts (including editing, deleting, and adding) information about themselves, portfolio including types and descriptions of services and/or works provided by the Executor, uploads photos, videos, as well as where Client reviews are placed and the status of a PRO-executor is indicated, if such status exists; 2.1.11. Agreement – a contract between the Client and the Executor regarding the Executor’s completion of the Order; 2.1.12. Order – an announcement posted on the Service by the Client, containing information about the demand for works, services, addressed to the Executor(s) who may be interested in performing them; 2.1.13. Order Price – the cost of the Order agreed between the Client and the Executor; 2.1.14. Service Functionality – free and paid services provided by the Company to Users via the Service. A list of such services is provided in Appendix №1, located at the link: https://freelance.ua/add1.html; 2.1.15. Service Rules – any information, including but not limited to instructions, descriptions, rules, briefings, documents, answers to questions, posted on the Service by the Service Administration and in some way establishing rules for using the Service.

2.2. Some terms used in this Agreement may be used in singular or plural, depending on the context of a particular provision of the Agreement, which will not affect the interpretation of their definition unless otherwise directly follows from the provisions of this Agreement in which a certain term is mentioned.

SECTION 3. SUBJECT OF THE AGREEMENT AND RELATIONSHIP WITH THE COMPANY

3.1. In accordance with the terms of this Agreement and any additional agreements, appendices, supplements to it, the Company provides the User with services for accessing the result of computer programming – the online Service “www.rushify.ca”, located at the web address www.rushify.ca, access to which is made via the internet, providing User access to the Service's Functionality. 3.2. The User independently determines the choice of the Service's Functionality they wish to use. 3.3. The Service is an electronic platform where Clients and Executors (Freelancers) can identify each other and advertise, buy, and sell services, works online. According to the terms of this Agreement, the Company provides Users with services as specified in section 3.1. of this Agreement, including hosting and supporting the Service, facilitating the formation of Agreements between Users, and assisting them in resolving disputes that may arise in connection with these Agreements. When a User enters into an Agreement, the User uses the Service to issue invoices and pay any sums due in accordance with the specific Agreement. 3.4. Through the Service and its Functionality, Executors can receive notifications about Clients who may be interested in the works or services they offer, and Clients can receive notifications about Executors who may offer to perform works or services they are seeking. However, Users are always responsible for independently assessing and determining the suitability of any project, Client, or Executor. If Users decide to enter into an Agreement, such an Agreement is made directly between the Users, and the Company does not act as a party to such an Agreement. 3.5. Users agree and accept that the Company is not a participant in any relations between the Client and the Executor. Without limitation, Users bear full responsibility for: (a) ensuring the accuracy and legality of any User data; (b) determining the suitability of other Users for an Agreement (such as any interviews, verification, reputation and experience checks, or similar actions); (c) negotiating, agreeing, and fulfilling any terms of Agreements; (d) providing works/services by the Executor; and/or (e) payment for works/services by the Executor. 3.6. Users agree and understand that they are solely responsible for assessing whether to enter into an Agreement with another User and for verifying any information about another User. 3.7. The Company makes no representations about and does not guarantee the truthfulness or accuracy of any description of the Executor or Client or other User materials on the Service; does not verify any reviews or information provided by Users about Executors or Clients; and does not conduct preliminary checks and does not provide guarantees regarding the activities of Executors or Clients. 3.8. Users agree and understand that the Company in no way manages, directs, controls, or evaluates Executors and their work and is not responsible for any Order, its terms, or the results of works, services. 3.9. The Company makes no representations and does not guarantee, and the User agrees not to consider the Company responsible for the quality, safety, or legality of the Executor's services or works; the qualifications, work experience, or identity of Users; the ability of Executors to provide services, perform works; the ability of Clients to pay for the Executors' services; User materials and statements or postings made by Users; or the ability or willingness of a Client or User to actually complete an Agreement.

3.10. While the Company may provide certain markings on the profiles of Executors or Clients, such markings are not a guarantee or endorsement of the quality, capability, or willingness of an Executor or Client to perform an Agreement and should not be seen as a warranty of any kind, including the quality of services by the Executor or the Tasks of the Client.

3.11. The User also acknowledges, agrees, and understands that Executors are personally responsible for determining, and have the right to determine, which Orders to accept; the time, place, manner, and means of providing any services by the Executor; the type of services they provide; and the fee they charge for their services or works or how the fee is determined or set.

3.12. The User also acknowledges, agrees, and understands that: (i) they are not an employee of the Company, and are not entitled to any rights or benefits guaranteed to employees; (ii) the Company bears no responsibility or obligations, including or related to the Agreements / or works, services of the Executor for any actions or inactions by Users; (iii) the Company in no way controls or sets any quality standards or completion deadlines for any services, works by Executors; (iv) the Company does not set or have any control over the prices, working hours, work schedules, or workplace of Executors; (v) the Company does not provide Executors with facilities for performing works, services; (viii), unless otherwise agreed with the Client, Executors may use subcontractors or employees to perform works, services.

SECTION 4. USAGE OF THE SERVICE

4.1. The Company makes the Service and the Service's Functionality available to Users to enable them to find each other, enter into relationships with one another, and make Agreements. 4.2. The Company does not offer Executors to Clients, nor selects Orders or Executors for Clients. Through the Service and its Functionality, Executors can receive notifications about Clients who may be seeking works, services they offer, and Clients can receive notifications about Executors who may offer works, services they seek; however, Users always bear personal responsibility for evaluating and determining the suitability of any Order, Client, or Executor to their expectations. If Users decide to enter into an Agreement, such an Agreement is made directly between the Users, and the Company is not a party to this Agreement. 4.3. After the Registration process for accessing the Service or its Functionality, using the Service or its Functionality on the Effective Date, provided you have created an Account on the Effective Date mentioned above, or by clicking the confirmation button accepting the terms of use of the Service during Registration, you agree to adhere to this Agreement and any other terms, service provision rules. 4.4. By creating an Account and joining the Service, you also fill out a Profile, which you agree to display to other Users. You agree to provide truthful, accurate, and complete information to your Profile and all registration and other forms you access on the Service, or provide to the Company, and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any information that is false or misleading about your identity or location, your company, your skills, or the services your business provides, and to correct any such information that is or becomes false or misleading. 4.5. In case the Service Administration discovers inaccurate information posted by the User, the Service Administration has the right to cancel such registration or temporarily suspend access to the Service and its Functionality. In such cases, the Site Administration sends an appropriate notification to the User using the communication means specified by the User during Registration. 4.6. The User is fully responsible for protecting and maintaining the confidentiality of their Account data, including the username and password. You agree not to disclose your login or password to any person. You authorize the Company to assume that any person using the Service with your login and password is you or is authorized to act on your behalf. You agree to immediately notify the Company if you suspect or become aware of any unauthorized use of your Account or unauthorized access to the password for any Account. You also agree not to use another User's Account or log into the Service using the login and password of another Service User, provided that (a) you are not authorized to use them or (b) the use violates the Terms of this Agreement. 4.7. The User agrees to receive informational messages to the email address and/or mobile phone number provided during registration. The Company commits not to transfer the email address or mobile phone number of the User to third parties without the User's consent except in cases provided by the current legislation of Canada.

SECTION 5. RELATIONSHIPS BETWEEN USERS

5.1. If the Client and the Executor decide to enter into an Agreement for the performance of works or provision of services, such an Agreement constitutes contractual relations directly between them. The Client and the Executor have all the powers regarding entering into an Agreement for the performance of works or provision of services among them, as well as concerning the terms of any such contract.

5.2. You acknowledge, agree, and understand that the Company is not a party to any Agreement regarding the performance of works or provision of services and that the formation of such an Agreement between Users under no circumstances creates employment or other service relations between the Company and any User or a partnership between the Company and any User.

5.3. Regarding any Agreement for the performance of works or provision of services, Clients and Executors may enter into any written agreements they deem appropriate (e.g., confidentiality agreements, intellectual property assignment agreements, etc.), provided such agreements do not contradict, limit, or extend the rights and obligations of the Company under the terms of service provision, including this Agreement and relevant instructions regarding payment for the use of the Service's Functionality and/or settlements between Users for the performance of works or provision of services.

5.4. Concerning disputes arising between Clients and Executors, you agree to follow the dispute resolution process as described in the provisions applicable to your specific Agreement for the performance of works or provision of services. If the dispute resolution process outlined in the Service rules does not resolve your dispute, you may continue to resolve it independently, but you acknowledge and agree that the Company will not provide and is not obliged to provide any assistance in resolving the dispute beyond what is provided in the Safe Deal provisions.

5.5. Users may agree among themselves on any conditions they consider appropriate regarding confidentiality. If, to some extent, Users do not regulate confidentiality conditions among themselves, they agree that in such a case, section 5.6 of the Agreement regarding confidential information applies.

5.6. If a User discloses confidential information to another User, the recipient will protect the secrecy of the disclosing party's confidential information with a similar level of caution and protection, but in any case, not less than that used for its own confidential information. Upon written request from a User, the party that received confidential information will immediately destroy or return the disclosing party's confidential information and any copies of it contained in its premises, systems, or any other equipment under its control.