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Terms of Service

January 3, 2025

Regarding services provided by Turbodash Limited Liability Company

 I. About Us

1. Turbodash.co is a website (“Website”) operated by Turbodash Limited Liability Company (“we”, “Company”, “our”, “Service Provider”).

2. The Company’s full registration details are: Turbodash Limited Liability Company with its registered office in Lublin at ul. Gospodarcza 26, 20-213 Lublin, entered into the register of entrepreneurs under KRS number 1133480, maintained by the District Court Lublin-Wschód in Lublin with its seat in Świdnik, VI Commercial Division – National Court Register, our share capital amounts to PLN 10,000.00, our tax identification number (NIP) is 9462746247, and our statistical number (REGON) is 529950568 (“We”, “Us”, “Company”).

 II. For Whom

1. We offer the use of our Website to entrepreneurs who are legal persons or organizational units without legal personality, such as commercial partnerships, professionally engaged in sales through websites on the internet, particularly through digital platforms (“Seller”, “Sellers”).

2. Individuals who are sole proprietors as well as those operating jointly within civil law partnerships, who are registered in the central register of individual business activities, and those conducting unregistered business activities, will not be able to use the full functionality of our Website. They will be able to browse it within the scope of public access to information provided on it.

3. Consumers will not be able to use the full functionality of our Website. They will be able to browse it within the scope of public access to information provided on it.

4. The Website enables third parties, contractually bound with Us and professionally engaged in risk assessment, including credit risk assessment and financing of Sellers (“Partners”), to (i) provide information about their financial products for Sellers, (ii) enables comparison of information about financial products for Sellers, (iii) enables providing a link from the Partner to the Seller, for the Seller to assess in their service the possibility of proposing financing to the Seller.

 III. Terms

1. The provisions of this document, along with other documents referenced herein, establish:

   a) terms of use of the Website, including each subpage, as well as services provided through the Website,

   b) terms of Seller’s access to the Partner’s website, who professionally and for remuneration as a financial institution deals with financing for Sellers or providing other professional ecommerce services for Sellers.

2. The Website is intended to enable Sellers to compare basic financing terms from Partners, including through access to materials and documents, and transfer to the Partner’s service.

3. Neither the Website nor Our activities nor those of our Partners serve as credit intermediation for consumers or entrepreneurs, do not enable providing any financing to consumers, including obtaining information about consumer credit, we are not a credit intermediary including for consumers, we are not a crowdfunding service provider, we do not operate a publicly accessible digital platform facilitating loan financing from multiple persons regulated by Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European crowdfunding service providers for business ventures and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937. We do not provide tax, legal, financial, or investment advice through the Website.

4. Our activity is based on publishing publicly available information on the Website about Partners’ products and services along with basic information about comparable financing parameters typically used for Sellers (information), along with a link enabling transfer to the Partner’s website (marketing).

5. Using the provided information services, the Seller may familiarize themselves with information about Partners’ products and services and other content published on the Website, and moreover may comment on published information and content in the manner and form accepted on the Website.

6. Website users other than Sellers will not be able to use the link leading to the Partner’s service in a way that provides practical possibility of using services proposed by the Partner.

7. Materials, information, and data published on the Website do not constitute an offer of any services, within the meaning of civil law, in particular do not constitute an offer made in electronic form. These materials also do not constitute a recommendation to enter into an agreement with any of the Partners. Our Website does not have the task of facilitating, proposing, or offering any financial services, but only to enable their aggregation and possibility of independent comparison.

8. Regardless of technical measures applied by Us, any information sent via email and other forms of transmission may not be confidential, and thus may be subject to interference by third parties.

9. We do not bear responsibility for actions or omissions of Partners, in particular for the content of the offer presented by the Partner, the manner of processing personal data by the Partner, the manner of performing the concluded agreement by the Partner.

10. Use of the Website shall be in accordance with legal provisions, the Terms of Service, and in a manner that does not violate personal and property rights of other persons.

11. Each user of the Website is obligated to comply with the provisions of the Terms of Service.

12. Access to information and materials published on the Website is free of charge for the Seller. Our remuneration results from our agreements with Partners.

13. Information from our Website is not and cannot be used by Sellers or other users in any jurisdiction where access to information presented on the Website would be contrary to law. We prohibit access to the Website and use of its features to persons from these jurisdictions.

14. We have the right to suspend presenting as well as cease presenting any data on the Website at our sole discretion. We do not guarantee continuity, certainty, and stability of Website operation. The Website may have usage restrictions at our discretion. We make efforts to ensure access to the Website for at least 350 days per year.

15. We also cannot ensure that Information and materials on the Website, especially from Partners, will be current, free from errors, omissions, inaccuracies.

16. Each Seller as well as each other user uses the Website at their own risk and responsibility.

 IV. Data

1. The Seller, wishing to compare information regarding available sources of financing for the Seller, fills out a survey on the Website, giving Us consent to process:

   a) personal data of the Seller’s representative, i.e., name and email address, and phone number,

   b) business data of the Seller including their legal form, address, relevant public registry numbers, allowing identification of legal form and jurisdiction in which the Seller is registered, data about the website or websites where the Seller offers goods or services, financing amount of interest to the Seller, monthly recurring revenue of the Seller, time of Seller’s operation, purpose of financing for the Seller, as well as main place of offer presentation by the Seller,

   c) linking personal data of the Seller’s representative, indicated in point a. with business data in point b.

2. By providing Us with data, the Seller and their authorized representative explicitly agree and authorize Us to process this data, including for (i) marketing purposes and for (ii) the purpose of developing our Website, including improving its quality, (iii) conducting usability research, and also allow retention of this data for the purpose of verifying whether the Seller has used financing from a Partner.

3. We have the right to process the Seller’s data provided to Us in connection with feeding the comparison engine to organize and present Partner data displayed on the Website for a specific Seller.

4. In terms of provided personal data indicated in Point 1 letter a) and related data indicated in Point 1 letter b), we ensure their protection in accordance with regulation 2016/679 on personal data protection and applicable national legislation.

5. Comprehensive conditions and manner of processing personal data are specified in our other document, [*] (“Privacy Policy”).

6. In connection with the use of the Website, we may process operational and technological data concerning devices used by the Seller: (i) identifiers identifying the telecommunications network termination or ICT system used by the Seller, including location data, (ii) information about the start, end, and scope of each use of the Website.

7. Use of the Website may require consent for storing information, in particular small text files (so-called cookies) or access to stored files of this type, on the user’s device, which is managed by a specific widget on the Website (“Widget”). These files do not change computer configuration, do not serve to install or uninstall any computer programs, viruses, or trojans, do not interfere with system integrity or user data, and can be removed at any time by the user. Anyone can refuse consent through the use of appropriate configuration tools in their web browser or through the Widget. However, this may limit or prevent proper and full use of the Website.

8. Provision of information service by Us through the Website does not mean processing of personal data by Partners as personal data controllers. Moving to the Partner’s website occurs based on the Seller’s independent decision and from the moment of moving to the Partner’s website, data including personal data is transferred to the Partner as an independent entity independently determining rules and conditions of data protection including Seller’s personal data.

9. We do not perform on behalf of Partners obligations regarding rectification, erasure, or restriction of processing of personal data. A Seller who intends to exercise the right to rectification, erasure, or restriction of processing of personal data or withdraw consents given to the Partner should address this request to the Partner.

 V. Rights to Our Website Content

1. The Website as a whole as well as its subpages, its layout, content, any materials, data, and graphic elements constitute the subject of Our exclusive rights and may be used only for purposes consistent with the intended use, solely for using the Website.

2. Permitted use of the Website is limited solely to providing data to Us, obtaining information about financing nature from Us, and comparing financing for the Seller from Partners. It is not allowed without Our express consent to duplicate, take over, transfer, modify, develop, present, download, except for displaying on the end device in operating memory, printing, downloading fragments, for own use, with the obligation to indicate authorship and origin from the Website.

3. No element of the Website including any content on the Website passes to the ownership or permitted use for the Seller or other user. In case of such action, it will constitute violation of our rights.

 VI. Links

1. If anyone would like to use a link to Our Website on another website on the internet or in a publication available at a time and place of their choice or in a publication, they may do so at their own risk only if they do it for informational purposes only, and the manner and context of placing the link will not violate Our right to reputation nor will in any way suggest our consent to such placement in a specific context, unless such consent is explicitly and separately granted.

2. If the Seller wants to contact a Partner through a link on Our Website, they may do so, however, they will do it at their own risk, under conditions specified by regulations at that Partner, which they will separately accept according to conditions determined independently and independently by the Partner. We do not bear responsibility for consequences of using the link to the Partner’s website.

3. We are not responsible either for content or for actions taken on Partner websites. Actions on Partner websites are performed under conditions specified directly and independently between the Seller and Partner. We do not bear any responsibility in connection with such actions either towards the Partner or towards the Seller.

 VII. Technical Requirements

To use the Website, it is necessary to have a device allowing use of Internet resources, and an Internet browser displaying websites. For full use of the Website and using the link to the Partner, it is necessary to have an email address.

 VIII. Limitation of Liability

1. Within the limits of mandatory legal provisions, we exclude Our liability for any contractual and tort damages in relation to the user, including the Seller, as well as to the Partner, resulting from and that may result in connection with the Website or use of Website resources as well as links, including also for interruptions in Website operation, as well as for inadequate or outdated information and materials on the Website. In particular, we are not responsible for lack of financing for the Seller.

2. In case the limitation of liability in Point 1 above does not apply, our liability is limited in amount, both in tort, contract, and for any other reason, to five times the monetary consideration obtained directly from the user including Seller for Us.

 IX. Complaints

1. Each Website user including Seller has the right to submit a complaint related to the manner of providing services, in particular non-performance or improper performance of comparison service by the Website, as well as concerning Website functioning.

2. The complaint is submitted in the following manner:

   a) In matters other than personal data – via email to [email protected];

   b) In matters concerning personal data – via email to [email protected];

3. When submitting a complaint, one should indicate in particular:

   a) necessary identification data, in particular contact data,

   b) determination of the type of Website impropriety,

   c) circumstances justifying the complaint,

   d) claim.

4. The complaint is considered promptly, but not later than within 14 days from the date of its submission, and then the submitter is informed about the manner of its consideration.

5. Everyone can use the out-of-court possibility of resolving disputes electronically through the European Union’s ODR internet platform, enabling submission of complaints and pursuit of claims related to the concluded agreement, which is located at: http://ec.europa.eu/consumers/odr/, however, it should be noted that the Website does not provide any services for consumers.

6. To submit a complaint regarding the manner of providing services by the Partner, one should contact the Partner directly, in the manner indicated on the Partner’s website.

 X. Final Provisions

1. We submit all disputes related to the Website to the jurisdiction of Polish courts.

2. We do not accept assignment of rights or obligations in connection with use of the Website by the user, including the Seller, unless we grant separate written consent.

3. If any provision is invalid, a provision most economically similar and compliant with law should be applied. This does not affect the validity of other provisions.

4. We may make changes to this document. We will announce this through publication of the next version of this document on the Website. We will introduce these changes in case of change in legal provisions or their interpretation or practice of application, change in functionality or resources or manner of access to the Website.