1. Introduction
Welcome to Rushd (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our data products and services offered through the Rushd Marketplace and other platforms (“Services”).
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Service.
2. Definitions
“Data Products” means datasets, analytics models, ML models, notebooks, applications, and other digital assets provided by Rushd
“Consumer” means any individual or entity that accesses or uses our Data Products
“Personal Data” has the meaning given to it under applicable data protection laws
“Agreement” means these Terms of Service together with any applicable Order Forms or Service Level Agreements
3. Services Description
Rushd provides data products and analytics solutions through various marketplace platforms. Our Services may include:
- Curated datasets and data products
- Machine learning models and algorithms
- Analytics notebooks and applications
- Documentation and support materials
- Technical support and consulting services
Availability of specific services may vary depending on the marketplace platform.
4. Access and Use Rights
4.1 License Grant
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Data Products solely for your internal business purposes during the subscription term.
4.2 Permitted Uses
You may:
- Access and analyze the Data Products for legitimate business purposes
- Create derivative works and insights based on the Data Products
- Integrate Data Products with your existing systems and workflows
- Share insights and analysis internally within your organization
4.3 Prohibited Uses
You may not:
- Redistribute, resell, or sublicense the Data Products
- Reverse engineer, decompile, or attempt to extract source data
- Use Data Products for illegal or unauthorized purposes
- Violate any applicable laws or regulations
- Attempt to identify individuals from anonymized data
- Use automated tools to scrape or download large portions of data
5. Data Quality and Accuracy
5.1 Best Efforts
We make reasonable efforts to ensure the accuracy and completeness of our Data Products. However, data is provided “as-is” and we do not guarantee:
- Complete accuracy of all data points
- Real-time data updates unless specifically stated
- Uninterrupted availability of Services
5.2 Data Sources
Our Data Products are compiled from publicly available sources, licensed data providers, and proprietary research. We maintain appropriate rights to distribute all data included in our products.
6. Privacy and Data Protection
6.1 Privacy Compliance
We are committed to protecting privacy and complying with applicable data protection laws including GDPR, CCPA, and other regional privacy regulations.
6.2 Personal Data
When our Data Products contain personal data, it has been processed in accordance with applicable privacy laws and our Privacy Policy. Consumers must also comply with all applicable privacy laws in their use of such data.
6.3 Data Processing Agreement
For Data Products containing personal data, a separate Data Processing Agreement (DPA) may apply, which will be made available upon request via info@rushd.coach
7. Intellectual Property Rights
7.1 Our IP Rights
Rushd retains all rights, title, and interest in and to the Data Products, including all intellectual property rights. This includes but is not limited to:
- Proprietary algorithms and methodologies
- Data compilation and organization
- Documentation and user materials
- Trademarks and brand elements
7.2 Consumer IP Rights
You retain ownership of any derivative works, analysis, or insights you create using our Data Products, provided such works do not include substantial portions of the original Data Products.
8. Payment Terms
8.1 Fees
Fees for Data Products are as specified in the applicable marketplace listing or Order Form. All fees are non-refundable except as required by applicable law.
8.2 Payment Processing
Payments are processed through the applicable marketplace platform. We do not directly process payments or store payment information.
8.3 Taxes
You are responsible for all applicable taxes related to your use of the Services.
9. Service Level Commitments
9.1 Availability
We strive to maintain high availability of our Data Products but do not guarantee 100% uptime. Scheduled maintenance will be announced in advance when possible.
9.2 Support
We provide reasonable technical support for our Data Products during normal business hours. Support includes:
- Documentation and user guides
- Response to technical inquiries
- Assistance with data integration issues
9.3 Data Updates
Data update frequencies are specified in individual product listings. We will make commercially reasonable efforts to maintain stated update schedules.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
10.1 Disclaimer
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10.2 Liability Cap
IN NO EVENT SHALL Rushd BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS.
10.3 Maximum Liability
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC DATA PRODUCT GIVING RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless Rushd and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of the Data Products
- Your violation of these Terms
- Your violation of applicable laws or regulations
- Any third-party claims related to your use of our Services
12. Termination
12.1 Termination Rights
Either party may terminate access to specific Data Products at any time with or without cause. We may immediately suspend or terminate your access if you violate these Terms.
12.2 Effect of Termination
Upon termination:
- Your license to access the Data Products will immediately cease
- You must stop using the Data Products and delete any copies
- You may retain derivative works and insights created prior to termination
- Accrued obligations and rights will survive termination
12.3 Data Retention
You may continue to use insights and derivative works created from Data Products prior to termination, provided such use complies with these Terms.
13. Compliance and Legal Requirements
13.1 Regulatory Compliance
You are responsible for ensuring your use of Data Products complies with all applicable laws, regulations, and industry standards in your jurisdiction.
13.2 Export Controls
Data Products may be subject to export control laws. You agree not to export or re-export Data Products in violation of applicable laws.
13.3 Sanctions Compliance
You represent that you are not subject to sanctions or other restrictions that would prohibit your use of our Services.
14. Modifications to Terms
We may modify these Terms from time to time. We will notify you of material changes by posting an updated version with a new “Last Updated” date. For registered users, we may also send notifications via email. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.
15. Dispute Resolution
15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law provisions.
15.2 Jurisdiction
Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in the State of California, United States.
15.3 Dispute Resolution Process
Before initiating legal proceedings, the parties agree to attempt to resolve disputes through good faith negotiations for at least 30 days.
16. General Provisions
16.1 Entire Agreement
These Terms constitute the entire agreement between you and Rushd regarding the Services and supersede all prior agreements and understandings.
16.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
16.3 Waiver
No waiver of any term or condition shall be deemed a continuing waiver of such term or any other term.
16.4 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
16.5 Force Majeure
Neither party will be liable for any delay or failure to perform due to causes beyond its reasonable control.
17. Contact Information
For questions about these Terms of Service, please contact us at:
Email: support@rushd.coach
Address: 6469 Almaden Expy, San Jose, CA 95120, United States