1. About these terms
1.1 These terms of use (the "Terms") govern your use of the Rush app (the "App"), the website at rushaday.com and its web app at play.rushaday.com (the "Website"), and everything made available through them, including games, questions, explanations, guides, articles, printables, video lessons, demonstrations, images and other materials (together, the "Content"). The App, the Website and the Content are together the "Services".
1.2 The Services are provided by rushaday.com, based in England ("we", "us" and "our"). You can contact us at hello@rushaday.com.
1.3 By downloading, installing, accessing or using any part of the Services, you agree to these Terms. If you do not agree to them, you must not use the Services.
1.4 The Services are intended for parents, carers and teachers, and for children using them with their permission. If you allow a child to use the Services, you are responsible for that use and for the child keeping to these Terms.
1.5 Our privacy policy explains what information the Services keep and how it is used.
2. The Services
2.1 The App is a practice tool for skills tested in school tests and entrance exams. Synonyms, Antonyms, Multiply & Divide, Add & Subtract, Turned Shapes and Reflections are free to play, as is today's rush, the family's game of the day. A subscription opens the other games while it is active.
2.2 The Services are a practice aid. They do not teach the whole of any syllabus, do not replace a teacher or a tutor, and do not promise any pass, score, place or other exam or admissions result.
2.3 We are independent. We are not affiliated with, endorsed by or connected to GL Assessment, CEM, ISEB, the Standards and Testing Agency, any local authority, any school or any other exam provider. Names of exams and organisations are used only to describe the tests the Services relate to, and their trade marks belong to their owners. No past or present exam paper is reproduced in the Services.
2.4 We may update, change, suspend or withdraw any part of the Services, including games, questions and other Content, at any time. Where a change significantly reduces what a paid subscription gives you, we will tell you in the App or on the Website before it takes effect.
3. Subscriptions and payment
3.1 Two plans open every game: Annual, billed once a year, and Monthly, billed once a month. The price, the billing period and any free trial you are eligible for are shown before you confirm, and again by the App Store. A free trial can be used once per Apple Account.
3.2 Subscriptions are sold and billed by Apple. They renew automatically unless cancelled at least 24 hours before the end of the current period, and you can cancel at any time in your Apple Account settings. Apple takes payment, issues receipts and decides refunds. We do not see your payment details and cannot issue refunds ourselves.
3.3 Prices may change. A change never applies to a period you have already paid for, and the App Store will ask you before it renews at a new price.
3.4 A subscription is for you and your family on the devices your Apple Account allows. It may not be shared with, sold to or used for anyone else.
4. Intellectual property
4.1 All intellectual property rights in the Services and the Content belong to us or to those who license them to us. This includes the software; the question banks and every question, answer, option and explanation in them; the guides, articles, printables, video lessons, scripts and narration; the illustrations, the character Arr, the logos, icons, designs and layouts; the sounds; and the selection and arrangement of all of these. These rights include copyright, database rights, design rights, trade marks (registered or not), and rights in get-up and goodwill, wherever in the world they exist.
4.2 We created every question, answer, option and explanation in our question banks, and they are protected by copyright. The question banks are also databases in which we have made a substantial investment in checking and presenting their contents, and they are protected by database right. Extracting or re-using all or a substantial part of them, or repeatedly extracting smaller parts, infringes those rights.
4.3 "Rush", the Rush logo, the App's icon and Arr are our trade marks. Nothing in these Terms gives you any right to use them.
4.4 You receive only the limited rights set out in clauses 5 and 6. No other right or licence is granted, whether expressly or by implication, and all rights not expressly granted are reserved.
5. Your licence to use the App and the Website
5.1 We grant you a personal, limited, non-exclusive, non-transferable and revocable licence to use the App on Apple devices that you own or control, as permitted by Apple's Usage Rules, and to use the Website, in each case for your own and your family's personal, non-commercial learning.
5.2 You must not, and must not allow or help anyone else to:
- copy, reproduce, extract, re-use, record, publish, distribute or sell any questions, answers, explanations, printables or other Content, other than as clause 6 allows;
- use the questions, question banks, explanations, printables or other Content to create, train, test or improve any question bank, practice product, publication, dataset or artificial intelligence or machine-learning model, or to make any work derived from them;
- use the Services, or let them be used, in or for any paid tutoring, class, course or other commercial activity without our written permission;
- scrape, crawl, harvest or download the Services or their Content by any automated means, except that search engines and AI assistants may index and cite our public web pages as our robots.txt file allows;
- copy, decompile, disassemble or reverse engineer the App or the Website, or try to get around any technical measure that protects them or their Content, except as far as the law expressly allows despite this restriction;
- remove or change any copyright, trade mark or other notice in the Services or the Content;
- frame or mirror any part of the Website, or link to it in a way that suggests any association with, or endorsement by, us that does not exist;
- try to get unauthorised access to the Services or to any server or system connected to them, introduce viruses or other harmful material, or do anything that disrupts, overloads or impairs the Services.
6. Printables and website content
6.1 You may view the Website and print or save single copies of its pages for your own personal, non-commercial use.
6.2 You may print and photocopy our free printables, free of charge, for use with your own family or with your own class of pupils, as long as our name and notices stay on them. You must not sell them or charge for them, upload them to any other website, resource-sharing platform or file-sharing service, or include them in any product, pack, book or course.
6.3 You may link to pages on the Website, as long as you do so fairly and lawfully and do not damage our reputation or take advantage of it.
6.4 Any other use of the Content needs our written permission first. Ask at hello@rushaday.com.
7. Information on the Website
7.1 The guides, articles, printables, lessons and other Content are general information for families. They are not professional, educational, legal or admissions advice, and they are not advice about any particular child. You should not rely on them as such.
7.2 Exam and admissions details, including dates, deadlines, pass marks, formats and rules, are set by councils, schools and exam providers and can change at any time. Despite our checks, what we publish may be incomplete, out of date or wrong, and we make no promise that it is accurate, complete or current. Always check the relevant council's, school's or exam provider's own information before you register, apply or make any decision.
7.3 Books, equipment, films, games and other products or resources we mention are our own opinions and choices. What suits one child may not suit another.
7.4 Links to other websites and resources are provided for information only. We have no control over them and are not responsible for their content, availability or practices.
8. Your feedback
8.1 If you send us ideas, suggestions, corrections or other feedback, you give us a free, worldwide, permanent licence to use it for any purpose, without any obligation to you. We will not publish your name with it without your permission.
9. Availability, errors and your data
9.1 We supply the Services with reasonable care and skill, and otherwise as they are. We do not promise that the Services will always be available, will work on every device, browser or operating system version, or will be free of faults, or that every question, answer, explanation or other piece of Content is free of errors. If you find one, please tell us and we will put it right.
9.2 Your players, scores and progress are kept only on your own device, and we hold no copy. We are not responsible for their loss, for example if the App is deleted or a device is lost, replaced or reset, except where that loss is caused by a fault in the App.
10. Our liability to you
10.1 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law. Nothing in these Terms affects your statutory rights as a consumer, including your rights under the Consumer Rights Act 2015 if digital content is faulty, not as described or not supplied with reasonable care and skill.
10.2 Subject to clause 10.1, the Website and its Content, including the printables, lessons and demonstrations, are provided free of charge, and we are not liable to you for any loss or damage arising from your use of them, your inability to use them, or your reliance on anything in them.
10.3 Subject to clause 10.1, we are not liable for:
- any exam, test or assessment result, any school place or admissions decision, or any missed registration, application or other deadline;
- any decision made, or action taken, in reliance on the Services or the Content;
- any loss or damage that was not reasonably foreseeable when you started using the Services; or
- any business loss, including loss of profit, revenue, business or opportunity, since the Services are for domestic and private use only.
10.4 Subject to clause 10.1, our total liability to you for all claims connected with the App and any subscription is limited to the amount you paid for the App and subscriptions in the twelve months before the event giving rise to the claim.
10.5 If digital content we supply damages a device or other digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you fair compensation. We will not be liable for damage you could have avoided by installing an update we offered free of charge, or by following our instructions or the minimum system requirements we told you about.
11. Suspension and ending
11.1 You can stop using the Services at any time. Deleting the App deletes everything it keeps on your device. A subscription is cancelled in your Apple Account settings, as clause 3.2 explains.
11.2 We may suspend or end your access to the Services if you seriously or repeatedly break these Terms, including clauses 5 and 6.
11.3 Clauses 4, 5.2, 6, 7, 8, 10 and 14 continue to apply after your use of the Services ends.
12. Events outside our control
12.1 We are not responsible for any delay or failure in providing the Services caused by events outside our reasonable control, including failures of Apple's systems, internet or hosting outages, and other events of that kind.
13. Changes to these Terms
13.1 We may change these Terms from time to time, for example to reflect changes to the Services or to the law. The date at the top shows when they were last updated. Where a change materially affects you, it takes effect the next time you use the App or the Website after that date. If you do not accept a change, you can stop using the Services and cancel your subscription in your Apple Account settings.
14. The App Store and Apple
14.1 These Terms are between you and us only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content.
14.2 Your licence to use the App is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions.
14.3 We, not Apple, are solely responsible for providing any maintenance and support for the App. Apple has no obligation to provide any maintenance or support for it.
14.4 If the App fails to conform to any warranty that applies to it, you may notify Apple, and Apple will refund the purchase price (if any) paid for the App. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are our responsibility, subject to these Terms.
14.5 We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
14.6 If a third party claims that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim.
14.7 You confirm that you are not located in a country subject to a United States government embargo or designated as a "terrorist supporting" country, and that you are not on any United States government list of prohibited or restricted parties.
14.8 You must comply with any third-party terms that apply when using the App.
14.9 Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept them, Apple has the right, and is taken to have accepted the right, to enforce them against you as a third-party beneficiary.
14.10 Apple's Standard End User Licence Agreement also applies to your use of the App. If it conflicts with these Terms, it applies to the extent of the conflict.
15. General
15.1 Apart from Apple under clause 14.9, no one other than you and us has any right to enforce these Terms, and the Contracts (Rights of Third Parties) Act 1999 does not apply.
15.2 We may transfer our rights and obligations under these Terms to another business, and will tell you if we do. Your rights under these Terms will not be affected. You may not transfer your rights or obligations without our written consent.
15.3 If a court finds any part of these Terms unlawful or unenforceable, the rest of the Terms continue in full force.
15.4 If we do not insist straight away that you do something these Terms require, or delay taking steps against you, that does not mean we have given up our rights.
15.5 These Terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If you live in Scotland or Northern Ireland, you may also bring proceedings in your own courts. If you live outside the United Kingdom, you keep any protections the law of your own country gives you that cannot be excluded.
15.6 Questions about these Terms go to hello@rushaday.com.