These Terms are a contract between you and John Bissell, doing business as Rush (“Rush”, “we”, “us”), for use of the Rush iOS app. By downloading, creating an account, or using Rush, you agree to them. If you don’t agree, don’t use the app.

1. Who can use Rush

You must be at least 13. If you’re under the age of majority where you live, you may use Rush only if your parent or legal guardian has read and agreed to these Terms on your behalf and accepts responsibility for your use of the app. By using Rush you confirm you’re not barred from doing so under applicable law, and that you’re not located in a country subject to a U.S. Government embargo or on any U.S. restricted-party list.

2. Your license to use Rush

We give you a personal, limited, non-transferable, revocable license to use Rush on Apple devices you own, for your own non-commercial use, under these Terms and Apple’s standard app licence. Don’t copy, modify, reverse-engineer, resell, or redistribute the app, except where the law allows.

3. Our intellectual property

Rush, including the app, its source code, design, artwork, animations, text, the name “Rush”, and our logos, is owned by us and protected by copyright, trademark, and other laws. These Terms grant you a license to use the app. They don’t transfer any ownership and don’t give you any right to use our name, logos, or branding.

4. Your account

You sign in with Apple or Google. Keep that access secure. You’re responsible for activity under your account. Your alarms, history, and analytics sync to your account (see the Privacy Policy). One account per person, and don’t share, sell, or transfer your account.

5. Subscriptions

Rush requires an active subscription. It’s sold through the Apple App Store as an auto-renewing in-app purchase, and features are unavailable when a subscription lapses or is cancelled.

Price and billing period are shown before you buy, and payment is charged to your Apple ID at purchase. It auto-renews for the same period unless you cancel at least 24 hours before the current period ends. The renewal is charged within 24 hours before the period ends. Manage or cancel in your Apple ID settings (App Store → your name → Subscriptions). Deleting the app doesn’t cancel it. Free trials, if offered: the length and terms are shown before you start, and it converts to a paid subscription automatically unless you cancel at least 24 hours before it ends. Any unused portion of a trial is forfeited when you buy a subscription that includes it.

Payment and billing are processed by Apple, not by us.

6. Refunds

All purchases are processed by Apple, and we cannot issue refunds directly. To request one, use Apple’s Report a Problem page (reportaproblem.apple.com) or your Apple ID purchase history. Refunds are granted at Apple’s discretion under Apple’s Media Services Terms.

Cancelling or deleting your account partway through a billing period doesn’t entitle you to a refund of that period. Nothing in these Terms limits any refund or cancellation right you have that can’t be waived under the consumer law of your state or country.

7. Referrals

We may offer a referral programme. A referral counts only when a new user, someone who hasn’t previously had a Rush account, redeems your code and starts a paid subscription. Self-referrals, duplicate or fabricated accounts, purchased traffic, spam, and any other attempt to manipulate the programme void all rewards.

We may withhold, reverse, or reclaim any reward obtained in breach of these Terms, and we may change, suspend, or end the programme at any time. Rewards have no cash value except as expressly stated at the time they’re offered, and any tax owed on a reward is your responsibility.

8. Acceptable use

Don’t use Rush to break the law or infringe rights; upload content you don’t have rights to, or unlawful or harmful images or video; attack, overload, or reverse-engineer the app or our servers; or misuse the objective-verification feature (for example, content meant to trick or attack the AI).

Because objectives involve your camera: don’t submit photos or video of other people without their consent, or of anyone under 18 other than your own child.

We may suspend or terminate access for violations.

9. Your content

Objectives may ask for a photo, a short exercise video, or a drawn signature. You keep all rights to it. You grant us a limited license to process it only to run the feature you asked for: photos and video frames are sent to our verification service (which uses a third-party AI provider) to check the objective and are not stored by us, and your signature is stored privately in your account. You’re responsible for what you submit and confirm you have the right to submit it.

10. Feedback

If you send us feedback, bug reports, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them for any purpose, without any obligation or compensation to you. Please don’t send us anything you consider confidential.

11. Verification is automated and imperfect

Rush uses an AI service to judge whether your photo or video meets an objective. It can be wrong, passing something it shouldn’t or rejecting something valid. Results are provided “as is.”

12. Alarms are not a safety-critical service

Rush schedules alarms using Apple’s system alarm features. We don’t guarantee an alarm will ring, ring on time, or wake you. Alarms can fail for reasons outside our control, including device settings, volume, Focus or Do Not Disturb, low power, force-quitting the app, iOS behavior, or hardware.

Don’t rely on Rush as your only way to wake up for anything important, and never rely on it for medication reminders or any other health-critical or safety-critical purpose. Keep a backup alarm. Your timekeeping is your responsibility.

13. Health and physical activity

Rush is not a medical device and gives no medical advice. Some objectives ask you to perform physical activity, such as jumping jacks or push-ups. You perform these at your own risk. Don’t attempt them if you have any condition that makes physical activity unsafe, and stop immediately if you feel unwell. Consult a doctor before starting any new exercise routine.

Rush is not a treatment for insomnia or any other sleep or medical condition.

14. Your data and sync

Your alarms, wake history, streaks, and awards are stored on your device and synced to your account. We don’t warrant that this data will always be available, accurate, or free from loss, or that sync will succeed. Keep your own records of anything you need to keep. Deleting your account permanently deletes its data and can’t be undone.

15. Third-party services

Rush relies on services we don’t control, including Apple (App Store, alarms, sign-in), Google (sign-in), our cloud and analytics providers, and a third-party AI provider used for objective verification. Their terms and privacy policies apply to their parts of the service, and we’re not responsible for their availability, performance, or acts.

16. Changes to the app

We may add, change, remove, or discontinue features, and set or change future subscription prices. Price changes won’t affect a period you’ve already paid for, and material increases follow Apple’s notice and consent rules.

17. Termination

You can stop anytime and delete your account in Settings → Account → Delete Account. We may suspend or end your access if you break these Terms. Sections that by their nature should survive termination, including 3, 6, 9, 10, 14, 18, 19, 20, 21, and 24, survive it.

18. Disclaimer of warranties

Rush is provided “as is” and “as available,” without warranties of any kind, express or implied (including fitness for a particular purpose, merchantability, non-infringement, and reliability). We don’t warrant that Rush will be uninterrupted or error-free, or that alarms or verification will work as expected. Some places don’t allow certain exclusions, so parts of this may not apply to you.

19. Limitation of liability

To the fullest extent allowed by law, Rush is not liable for indirect, incidental, special, consequential, or punitive damages, or for loss arising from missed alarms, oversleeping, injury during an exercise objective, or lost data. Our total liability is limited to the greater of what you paid us in the 12 months before the claim, or USD 50. Some places don’t allow these limits, so they may not fully apply to you.

20. Indemnity

You’ll defend, indemnify, and hold us harmless from any claim, loss, liability, or expense (including reasonable legal fees) arising from your content, your use or misuse of Rush, your breach of these Terms, or your violation of any law or of anyone else’s rights.

21. Governing law and disputes

21.1 Governing law. These Terms are governed by the laws of the State of Connecticut, without regard to its conflict-of-laws rules, and by applicable U.S. federal law. The Federal Arbitration Act governs Section 21.3.

21.2 Informal resolution first. Before starting a formal proceeding, you agree to email us at support@alarmrush.com describing the dispute and what you want, and to give us 60 days to resolve it.

21.3 Binding arbitration. If we can’t resolve it informally, any dispute arising out of or relating to Rush or these Terms will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration will take place in Hartford County, Connecticut or, at your election, by telephone, video, or on written submissions. The arbitrator’s decision is final and may be entered as a judgment in any court of competent jurisdiction.

21.4 Exceptions. Either of us may bring an individual claim in small claims court, and either of us may seek injunctive relief in court for infringement or misuse of intellectual property.

21.5 No class actions. Disputes will be brought only in your or our individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this paragraph is found unenforceable as to a particular claim, that claim, and only that claim, will proceed in the courts described in 21.6.

21.6 Opting out, and court venue. You may opt out of Sections 21.3 through 21.5 by emailing support@alarmrush.com within 30 days of first accepting these Terms, stating your name and that you’re opting out of arbitration. Opting out doesn’t affect anything else in these Terms. If arbitration doesn’t apply, whether because you opted out or otherwise, you and we agree to the exclusive jurisdiction of the state and federal courts located in Hartford County, Connecticut, and each of us waives any right to a jury trial.

22. Apple

These Terms are between you and Rush, not Apple. Apple isn’t responsible for the app or its content, and is a third-party beneficiary that may enforce these Terms. If the app fails to meet an applicable warranty, you may notify Apple for a refund of the purchase price (if any). Apple has no other warranty obligation to the maximum extent allowed by law.

23. Changes to these Terms

We may update these Terms. For material changes we’ll update the Effective Date above and, where appropriate, notify you in the app. Continued use after the change takes effect means you accept the new Terms.

24. General

These Terms, together with our Privacy Policy, are the entire agreement between you and us about Rush, and replace anything said before. If a provision is found unenforceable, the rest stays in force and that provision is limited to the minimum extent needed. Our failure to enforce a provision isn’t a waiver of it. You may not assign these Terms. We may assign them to a successor in connection with a sale of the app or its assets. Neither of us is liable for failures caused by events outside our reasonable control. We may send you notices in the app or by the email address on your account.

California residents: under Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

25. Contact

support@alarmrush.com