Terms of Service

1. About rushes

These Terms of Service (“Terms”) govern your access to and use of rushes.cc and the services provided through it (“rushes” or the “Service”).

rushes is operated by rushes.cc Ltd, a company registered in England and Wales.

In these Terms, “we”, “us” and “our” mean rushes.cc Ltd.

By creating an account or using the Service, you agree to these Terms.

Our Privacy Policy, Cookie Policy and Acceptable Use Policy also apply to your use of rushes. The Acceptable Use Policy forms part of these Terms.

If you do not agree to these Terms, you must not use the Service.

2. Eligibility

rushes accounts are available only to people aged 18 or over.

By creating an account, you confirm that you are at least 18 years old and that the information you provide to us is accurate.

If we reasonably believe an account is being operated by someone under 18, we may restrict or terminate the account and take appropriate steps regarding its associated data and content, subject to any legal obligations requiring us to retain information.

Organisations may create or operate accounts through authorised representatives. The person creating or administering an account on behalf of an organisation confirms that they have authority to bind that organisation to these Terms.

3. Your account

3.1 Registration

You must provide accurate and complete information when creating and maintaining your account.

You are responsible for maintaining the security of your login credentials and for activity carried out through your account by you or anyone you authorise to use it.

You must notify us promptly at support@rushes.cc if you believe your account has been compromised or used without permission.

3.2 Account sharing and authorised users

You may allow employees, contractors, collaborators or other authorised people to use your account where this is consistent with the features and intended use of the Service.

You remain responsible for their use of rushes and for ensuring that they comply with these Terms and our Acceptable Use Policy.

You must not sell, transfer or provide access to your account as a standalone service without our permission.

3.3 Free accounts

Free accounts are subject to the features, storage limits and other restrictions shown on rushes at the relevant time.

We may change the features available to free accounts from time to time. We will not use changes to free accounts to remove rights already purchased under an active paid subscription.

4. Paid subscriptions

4.1 Plans and pricing

Paid subscriptions provide the features and storage allowance described on our Pricing page and at checkout at the time you subscribe.

Prices, billing frequency, storage allowances and applicable taxes will be shown before you complete your purchase.

Payments are processed by Mollie B.V.

Depending on your location, prices may include VAT or other applicable taxes. Where we are required to collect VAT or another tax, it will be handled in accordance with applicable law.

4.2 Renewal

Monthly and annual subscriptions renew automatically at the end of each billing period unless cancelled before the next renewal date.

The renewal price will be the price applicable to your subscription, subject to any price change notified to you in accordance with these Terms and applicable law.

4.3 Additional storage

Paid subscribers may purchase additional storage in the quantities and billing periods offered through the Subscription dashboard.

Where additional storage is added part-way through a billing period, we may charge a prorated amount for the remaining part of that period.

The recurring subscription amount will then be adjusted to include the additional storage from the next applicable renewal.

4.4 Reducing additional storage

You may reduce or cancel additional storage through your Subscription dashboard.

Unless otherwise stated at the point of purchase, reductions take effect at the end of the current billing period.

Amounts already paid for the current billing period are subject to the cancellation and refund rights described in Section 10 and any rights you have under applicable consumer law.

4.5 Cancelling a subscription

You may cancel a monthly or annual subscription at any time.

Cancellation prevents the subscription from renewing again. Unless a statutory cancellation or refund right applies, your paid access continues until the end of the billing period you have already paid for.

You will not be charged for a further billing period after a cancellation has taken effect.

4.6 Grace period

When a paid subscription ends and your account contains content above the storage allowance available to your remaining account type, the account enters a 30-day grace period.

During the grace period:

• you cannot upload new content where doing so would exceed your available storage allowance;
• you may continue to access and download your existing content; and
• public profiles and published videos may remain available.

You should download any content you wish to retain before the grace period expires.

4.7 Content deletion after the grace period

If your account remains above its applicable storage allowance when the 30-day grace period expires, content exceeding that allowance may be permanently deleted.

Where deletion is scheduled, we will take reasonable steps to provide appropriate notice through the Service or by email.

Deletion may be irreversible.

Nothing in this section limits any rights you may have where loss of content results from our breach of contract, negligence or another matter for which liability cannot lawfully be excluded.

4.8 Bandwidth

Paid subscriptions include bandwidth for ordinary use of rushes, including portfolio viewing, embedded playback, client review, festival screening and community discovery.

We do not impose a fixed monthly bandwidth allowance for normal usage.

Where an account generates unusually high bandwidth consumption that creates a material additional cost to us, we may contact you to discuss that usage.

Our current excess-bandwidth rate is £2.00 per TB, €2.45 per TB or US $2.65 per TB, depending on the currency of your account.

We will not apply an excess-bandwidth charge without contacting you first and giving you an opportunity to discuss the usage and available options.

4.9 Promotions and referral rewards

We may offer referral rewards, promotional storage, account credit or other benefits.

Any additional conditions applying to a promotion will be shown when the promotion is offered.

Unless stated otherwise, promotional rewards:

• have no cash value;
• are non-transferable;
• cannot be refunded or exchanged for cash; and
• may be subject to eligibility requirements or limits.

We may change or end a promotion prospectively. Rewards already validly earned will not normally be withdrawn unless they were obtained through fraud, abuse or breach of the promotion terms.

5. Your content

5.1 Ownership

You retain ownership of the videos, images, audio, subtitles, descriptions and other content you upload to rushes (“Your Content”).

We do not claim ownership of Your Content.

5.2 Licence required to operate rushes

By uploading Your Content, you grant us a limited, non-exclusive licence to host, store, copy, transcode, encode, cache, reproduce and deliver that content only to the extent reasonably necessary to provide, secure and operate the features of rushes that you use.

This includes delivering videos through our player, CDN, embeds, public profiles, review links and other sharing features where you have enabled them.

This licence ends when Your Content is deleted, except to the limited extent that temporary copies must remain in backups, caches or records for technical, security or legal purposes.

5.3 Your rights and permissions

You must have the rights, licences, permissions and consents necessary to upload and use Your Content through rushes.

This includes, where applicable, rights relating to:

• copyright;
• music;
• trademarks;
• performers;
• contributors;
• identifiable individuals;
• confidential material; and
• third-party footage or other material.

Commercial use of rushes is permitted.

5.4 No AI training

We will not use Your Content to train artificial intelligence or machine-learning models.

We will not sell or license Your Content to third parties for AI training.

This does not prevent us from using automated technical processes where necessary to provide a feature you specifically use, provided this does not involve training a model on Your Content.

6. Acceptable use and online safety

Your use of rushes is subject to our Acceptable Use Policy.

You must not use rushes to upload, host, publish, transmit or facilitate illegal content or activity, or otherwise use the Service in a manner prohibited by the Acceptable Use Policy.

The policy includes rules covering illegal and harmful content, intellectual-property infringement, fraud, malicious use of infrastructure, security abuse, sanctions and misuse of accounts.

We may take proportionate action where these rules are breached, including restricting or removing content, limiting functionality, suspending accounts or terminating accounts.

For serious illegal content or activity, we may act without prior notice.

We will apply our Acceptable Use Policy consistently and proportionately, taking account of the nature and seriousness of the issue.

7. Reporting content and complaints

7.1 Reporting

If you encounter content or activity on rushes that you believe is illegal or violates our Acceptable Use Policy, you can report it:

• using the Report function provided on video pages where available; or
• by emailing support@rushes.cc with the relevant URL and an explanation of the concern.

You do not need to have a rushes account to make a report by email.

7.2 Review of reports

We will review reports against our Terms, Acceptable Use Policy and applicable law.

Depending on the circumstances, action may include:

• taking no action where no violation is identified;
• requesting further information;
• restricting access to content;
• removing content;
• restricting account functionality;
• suspending or terminating an account;
• preserving relevant records; or
• reporting suspected criminal activity to an appropriate authority.

We aim to acknowledge reports within 48 hours where practicable.

7.3 Illegal content

Where we become aware of content that we reasonably determine to be illegal and that requires removal under applicable law, we will act promptly.

Where appropriate or legally required, we may preserve relevant information and report suspected criminal activity to law-enforcement or other competent authorities.

7.4 Appeals

If we remove your content, restrict your account or suspend or terminate your account and you believe the decision was incorrect, you may appeal by contacting support@rushes.cc within 28 days.

Your appeal should identify the affected content or account and explain why you believe the decision should be reconsidered.

Content that has been restricted or removed may remain unavailable while an appeal is considered.

We aim to determine appeals within 14 working days where practicable.

8. Intellectual property relating to rushes

rushes, including its software, branding, design, interfaces and original platform content, is owned by or licensed to rushes.cc Ltd.

Except where permitted by law or expressly authorised by us, you may not copy, reproduce, modify, distribute, sell, licence or reverse-engineer our software or proprietary materials.

If you believe content hosted on rushes infringes your copyright or other intellectual-property rights, contact support@rushes.cc and provide sufficient information for us to identify the material and assess your claim.

9. Privacy and data protection

Our processing of personal data is described in our Privacy Policy.

We use third-party infrastructure and service providers where necessary to operate rushes. Our current providers and their roles are described in the Privacy Policy.

We take reasonable technical and organisational measures to protect personal data and Your Content.

10. Consumer cancellation and refunds

10.1 Statutory rights

Nothing in these Terms limits any cancellation, refund or other statutory rights that apply to you as a consumer.

10.2 14-day cancellation period

If you are a consumer and applicable law gives you a 14-day right to cancel a subscription purchased online, you may exercise that right by contacting us at support@rushes.cc.

Where you expressly request that we begin providing the Service during the cancellation period, and you subsequently exercise a statutory right to cancel, we may charge a proportionate amount for the Service supplied before you cancelled where permitted by law.

We will provide any refund required by law using the original payment method unless otherwise agreed.

10.3 Other refunds

Outside any statutory cancellation or refund right, payments for billing periods that have already begun are normally non-refundable.

We may issue discretionary refunds or account credits where appropriate. Doing so in one case does not require us to provide the same remedy in another case.

11. Suspension and termination

11.1 Termination by you

You may delete your account through the available account settings.

Account deletion may permanently delete Your Content and associated account data, subject to data that we are required or permitted to retain for legal, accounting, fraud-prevention, security or dispute-resolution purposes.

You should download any content you wish to keep before deleting your account.

11.2 Suspension or termination by us

We may restrict, suspend or terminate an account where reasonably necessary because:

• these Terms or the Acceptable Use Policy have been materially or repeatedly breached;
• the account is being used for illegal activity;
• continued use presents a material security risk to rushes, our users or third parties;
• payment is overdue or fraudulent;
• we are required to do so by law or a competent authority; or
• continued provision of the Service would cause us to breach applicable sanctions or other legal restrictions.

Where appropriate, we will give you notice and an opportunity to remedy the issue before termination.

We may act immediately where the circumstances are serious, urgent or legally require immediate action.

The appeals process in Section 7.4 applies to moderation-related restrictions and terminations.

12. Availability and changes to the Service

We work to keep rushes available and reliable, but uninterrupted availability cannot be guaranteed.

We may temporarily restrict access for maintenance, security, infrastructure failures or circumstances outside our reasonable control.

We may develop, replace or discontinue features over time.

Where a change would materially reduce a core feature of an active paid subscription, we will provide reasonable notice where practicable and will respect any rights you have under applicable consumer law.

13. Liability

13.1 Nothing excluded where the law does not allow it

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

This includes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, and statutory consumer rights that cannot lawfully be excluded.

13.2 Consumers

If you use rushes as a consumer, we are responsible for loss or damage that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.

We are not responsible for loss or damage that was not reasonably foreseeable.

We are not responsible to consumers for business losses arising from use of rushes for commercial purposes.

13.3 Business users

If you use rushes wholly or mainly for purposes relating to your trade, business, craft or profession, then, except for liability that cannot lawfully be limited, our total aggregate liability arising out of or in connection with the Service will not exceed the total amount you paid to us during the 12 months immediately preceding the event giving rise to the claim.

Neither party will be liable to the other for indirect or consequential loss, or for loss of profit, revenue, business opportunity or anticipated savings, except where such limitation is prohibited by law.

13.4 Copies of your content

Although rushes is designed to host and retain video content, we recommend that you maintain an independent copy of important original files.

This recommendation does not reduce any responsibility we may have under applicable law where loss results from our breach or negligence.

14. Governing law and disputes

These Terms are governed by the laws of England and Wales.

If you are acting as a business, the courts of England and Wales have exclusive jurisdiction over disputes arising from these Terms.

If you are a consumer, this choice of law does not deprive you of any mandatory consumer protections that apply in the country where you live, and nothing in these Terms prevents you from bringing proceedings in a court that has jurisdiction under applicable consumer law.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect.

15. Changes to these Terms

We may update these Terms where reasonably necessary, including because of:

• changes to rushes;
• changes to our pricing or business model;
• security or operational requirements; or
• changes in law or regulation.

Where a change materially affects registered users’ rights or obligations, we will provide reasonable notice, normally by email or through the Service.

Changes will take effect from the date stated in the updated Terms.

16. Contact