Terms of Service

We've drafted these Terms of Service (which we simply call the "Terms") so that you'll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There's a good reason for that: These Terms do indeed form a legally binding contract between you and Rushort. So please read them carefully.By using the Services, you agree to the Terms. Of course, if you don't agree with them, then don't use the Services.

ARBITRATION NOTICE: WE WANT TO LET YOU KNOW UPFRONT THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND RUSHORT AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND RUSHORT WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Your Relationship with Us

Welcome to Rushort(the "App"),which is provided by HALOFUN PTE. LTD. (“Rushort” "we" or "us").The App and the Service are accessed by you under the Terms of Service described herein (“Terms of Service” or “Agreement”). Please read these Terms of Service carefully before using the App or the Service. By accessing the App or using any part of the Service, you agree to become bound by these terms and conditions. If you do not agree to all these terms and conditions, then you may not access the App or use the Service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

The following Terms of Service outline your obligations when using our mobile application (“App”) or Service (as defined herein), or any of the information, text, graphics, videos, or other files, materials, data or content of any kind whatsoever created or provided by or through the App or the Service or through your ability to sell products on the App. Please also review our Privacy Policy, which is a part of these Terms of Service and which outlines our practices towards handling any personal information that you may provide to us.

2.Age and Your Acceptance of the Terms of Use:

Access to certain Services or features of the Services may be subject to age restrictions and not available to all users of the Services. The Services are only for users [18] years old and over (with additional limits that may be set forth in the Supplemental Terms – Jurisdiction-Specific). By accessing or using our Services, you confirm that you are over [18] and can form a binding contract with Rushort, that you accept these Terms and that you agree to comply with them. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.

If you are over [18] but under the legal age to enter into a contract in your jurisdiction, your parents or legal guardian must read and agree to these Terms. If you do not have consent from your parents or legal guardians, you must cease accessing or using the Services. If we learn that someone under the relevant age is using the Services, we will terminate access to the App for such user.

If you are the parent or legal guardian of a minor, you further agree, acknowledge, and undertake to us that:

 - you must carefully supervise that minor's access and/or use of our Services;

 - it is your responsibility to determine whether any part of our Services is appropriate and/or safe for that minor; and

 - YOU MUST PAY IN FULL ALL SUMS DUE ARISING FROM THE ACTIVITIES OF THAT MINOR IN CONNECTION WITH OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY TRANSACTIONS MADE ON OR THROUGH OUR SERVICES BY THAT MINOR ASSOCIATED WITH YOUR ACCESS CREDENTIALS, EVEN IF THE MINOR DID SO WITHOUT YOUR KNOWLEDGE AND/OR CONSENT.

3.Your Account with Us

To use certain features of the Platform, you are required to register for a Rushort account (an “Account”). You agree that all information that you submit during the Account sign-up process, or additional information you submit to your Account profile at any time thereafter, shall be accurate and truthful, and you shall keep the same up to date.

After agreeing to these terms of service, we will automatically generate a default account for you. With this account, you can access basic app functionalities, including but not limited to third-party login, browsing, and making purchases.

Your account is unique and personal to you, and you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account.

If you no longer want to use our Services anymore and would like your account deleted, You can use the "Delete account" button to carry out this operation. We will clear your relevant information in the app. If you have uninstalled the app, you can email us at [email protected] to request deletion of user data. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added (including free content and paid content).

You have the ability to delete your Account, and you should understand that upon deletion of your Account, you will lose the right to access or use all or part of the Platform.

We reserve the right to disable, suspend, or terminate your Account, at any time, for any reason in our discretion, especially when you fail to comply with any provision of these Terms.

4.Purchases and Payments

You may be required to make payments to access certain portions of the Service that are provided as subscriptions. You are responsible for all such payments and related payment obligations under these Terms of Use. All such payments from you are subject to these Terms of Use and conditions of the relevant payment service. We bear no responsibility for any transactions processed by, or any payments made to, a third party. You acknowledge that pricing and availability of subscriptions provided by us in connection with the Service are subject to change at any time.

We may, from time to time, make available payment methods to you for automatic, recurring or subscription-based charges. Where we do so, you agree that (subject to applicable laws and regulations): (i) such purchases or payments are generally made by you on an advance basis; (ii) you authorize us to save your chosen payment method's information (for example, credit card information) on our systems and bill your chosen payment method for the relevant time periods; (iii) if any payment made via your chosen payment method is rejected, denied or returned unpaid for any reason, we may not provide you with, or suspend our provision of, the relevant content until payment is properly processed; and you are liable to us for any fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may automatically charge you for such amounts).

But Rushort does not handle payments or payment processing for any purchases; those are handled by third-party payment providers or service providers (such as, Apple's iOS Store and Google's Google Play Store, among others). Some third-party service providers may charge you sales tax, depending on where you live. Please check the third-party service provider's relevant terms for details.

Subject to any applicable additional terms and conditions, all purchases are final and non-refundable. And because our performance begins once you tap buy and we give you immediate access to your purchase, you waive any right you may have under local law to cancel your purchase once it's completed or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT RUSHORT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.

It's your sole responsibility to manage your purchases. If you are under 18 (or younger than the age of legal majority in your place of residence), you must obtain your parent's or guardian's consent before making any purchases.

Rushort does not transmit any funds and is not a money-services business. To the extent such functionality is made available in the Services, it is provided by an unaffiliated third party, and like any other third-party service, subject to that third party's separate Terms of Service.

Rushort offers in-app purchases ("IAP") through iTunes, Google Play or other application platforms authorized by Rushort. If you choose to make an IAP, you will be prompted to enter details for your account with your application platform, and your application platform account (e.g. iTunes Account) will be charged for the IAP in accordance with the terms disclosed to you at the time of purchase as well as the general terms for IAP that apply to your application platform account. Some application platforms may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription IAP, your application platform account will continue to be billed for the subscription until you cancel the IAP. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you can do so within the Rushortapp or log in to your application platform account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Rushort application from your device. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. Deleting your account on Rushortor deleting the Rushortapplication from your device does not cancel your subscription; Rushortwill retain all funds charged to your application platform until you cancel your subscription.

Generally, all charges for IAP are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds. For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, not Rushort. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account: please contact Google Play customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet).

5.Our Rights in the Services

You may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from Rushort or as set out in this clause. Please do not use our logo or trademarks in any way that might suggest Rushort endorses a particular product or service, or you have a business relationship with Rushort. Please do not alter, stretch, condense, embellish, add sparkles to, or otherwise change our logo in any way.

Rushort may change, terminate, or restrict access to any aspect of the Services, at any time, without notice. Rushort may access, read, preserve, and disclose any information as we reasonably believe is necessary to

1.satisfy any applicable law, regulation, legal process or governmental request,

2.enforce the Terms of Service, including investigation of potential violations,

3.detect, prevent, or otherwise address fraud, security or technical issues,

4.respond to user support requests, or

5.protect the rights, property or safety of the Services, its users and the public.

6.Limited License

As between you and Rushort, Rushort owns any and all rights, title and interest in and to the Services and any and all data and content made available in and through the Services, including without limitation all software, computer code, tools, patches, updates, images, text, graphics, illustrations, logos, photographs, images, pictures, audio, sound effect, sound recording, videos, visual effect, music, music composition and "look and feel" of the Services, and all intellectual property rights related thereto (the "Rushort Content").

You acknowledge that your use of the Rushort Content for any purpose not expressly permitted by these Terms is strictly prohibited. Rushort Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. You cannot create any work of authorship or proprietary right based on the Services (including Rushort Content). You shall only use the Services as may be expressly provided in the Terms or to the extent permitted by law. We and our licensors reserve all rights not expressly granted in and to their content.

Subject to these Terms, you are hereby granted a non-exclusive, personal, non-transferable, non-sublicensable, revocable limited license to access and use the Services, including to download the App on a permitted device, and to access the Rushort Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Rushort reserves all rights not expressly granted herein in the Services (including Rushort Content). You acknowledge and agree that Rushort may terminate this license at any time for convenience subject to applicable law.

7.Equipment Requirement

To use the Services, you may need certain hardware, accessories, software, capabilities and other resources (including a suitable connection to the Internet). You are solely responsible for procuring and maintaining such resources at your own cost.

8.Updates, Interruption and Termination of the App

From time to time, we have the right (but not obligation) to provide updates (patches, new features, etc.) to the App for free or for a fee. We may require you to download and install the updates or the updated version of the App to continue to use the Services. You understand that your access to certain features of the Services might be affected by such updates. You also agree that we may use background patching to automatically update our App and software with or without notice to you. You also understand that such updates may affect the necessary system specification required to obtain complete experience from the App. In such case, you are responsible for any necessary equipment to continue to access the Services.

You acknowledge that the App or any part thereof may be interrupted for maintenance or reasons beyond our control, and we cannot guarantee that the Services will not be interrupted. We shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever. Additionally, the App may be unavailable depending on geographic location.

To the maximum extent permitted by applicable law, we reserve the right to discontinue the App at any time in our sole discretion, for any reason, or for no reason, with or without notice.

9.Code of Conduct

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:

access or use the Services if you are not fully able and legally competent to agree to these Terms;

except as expressly permitted by these Terms or applicable law, make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any software, Virtual Items (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;

distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;

market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;

use the Services, without our express written consent, for any commercial, political or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;

interfere with or attempt to interfere with the proper working of the Services, disrupt our website (if any) or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;

incorporate the Services or any portion thereof into any other program or product;

use automated scripts, software, code or systems to collect information from or otherwise interact with the Services;

impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;

intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

use or attempt to use another’s account, App or system without authorization from Rushort;

use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services;

use or exploit any cheats, bots, hacks, bugs, errors, or design flaws to obtain unauthorized access to the App or to gain an unfair advantage in interactive play;

use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance, social security numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;

any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or

material that restricts or inhibits any other person from using the Services, or which may expose Rushort, the Services or its users to any harm or liability of any type.

We reserve the right, at any time and without prior notice, to remove or disable your access to the Services, including the App, Rushort Content and Virtual Items, at our discretion for any reason or no reason. Some of the reasons for which we may remove or disable your access to the Services may include finding that you have violated these Terms, or that your actions are harmful to the Services or our users.

10.Disclaimer of Warranties

our Services and content are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or availability. We do not warrant that our Services or content will be uninterrupted, error-free, accurate, complete, reliable, secure, or free from viruses or other harmful components. We do not warrant that any defects or errors will be corrected. We do not warrant that our Services or content will meet all your requirements or expectations. You use our Services and content at your own risk.

11.Limitation of Liability

To the fullest extent permitted by law, we and our affiliates, directors, officers, employees, agents, licensors, and partners will not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising from or relating to your access or use of or inability to access or use our Services or content or any User Content or feedback and suggestions or any third-party websites or services linked to or from our Services or content. This limitation of liability applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

12.Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, directors, officers, employees, agents, licensors, and partners from and against any and all claims, demands, actions, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or relating to your access or use of or inability to access or use our Services or content or any User Content or feedback and suggestions or your violation of these Terms or any applicable laws or regulations or any rights of any third party.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any warranty, limit or exclude its liability or the scope and duration of such warranty as set forth in these Terms of Service, our liability shall be the minimum permitted under such applicable law.

13.Termination

Your rights to end the contract: You may terminate these Terms of Use at any time and for any reason by (a) contacting Rushort through [email protected] notifying us of your termination, (b) deleting or otherwise destroying all service-related materials; and (c) ceasing use of the Service.

Our rights to end the contract: we reserve the right to terminate your access to and use of our Services at any time and for any reason without notice or liability to you. We may also suspend your access to and use of our Services if we suspect that you have violated these Terms or any applicable laws or regulations or any rights of any third party. Upon termination of your access to and use of our Services, your account and all related information and files will be deleted. Any sections of these terms that by their nature should survive termination will survive termination.

14.Changes to These Terms

We reserve the right to change these Terms at any time and at our sole discretion. We will notify you of any changes by posting the updated Terms on our app or by sending you an email. Your continued access to and use of our Services after we post the updated Terms will constitute your acceptance of the changes. If you do not agree to the changes, you must stop accessing and using our Services.

15.Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Singapore. You agree to submit to the exclusive jurisdiction of the courts located in Singapore for any disputes arising from or relating to these Terms or our Services.

16.Contact Us

Rushortwelcomes comments, questions, concerns, or suggestions. Please send feedback to [email protected]