Terms and conditions of use and sale

These terms and conditions govern access to and use of the Unrush service. This is an English translation provided for convenience: the French version (Conditions générales) is the reference text and prevails in the event of any discrepancy. The service is published by UNRUSH.IO, a French simplified joint-stock company (SAS) with a share capital of EUR 1,000, whose registered office is located at 47 rue Vivienne, 75002 Paris, France, registered with the Paris Trade and Companies Register under number 108 577 214 (hereinafter "Unrush").

The service is intended exclusively for professionals. By creating an account, the customer declares that they are acting in the course of their professional activity and, if acting on behalf of a legal entity, that they have the authority to bind it.

1. Definitions

• Service: the Unrush web application, its programming interface, its extensions for editing software and its desktop application.
• Customer: the professional, natural or legal person, holding an account or an organization.
• User: any natural person who accesses the Service under the Customer's responsibility (member of an organization, guest).
• Content: the video and audio files, projects, instructions, contexts and any item that the Customer uploads or enters into the Service.
• Results: the descriptions, transcriptions, segments, markers, answers and exports produced by the Service from the Content.

2. Acceptance and contractual documents

Acceptance of these terms is recorded by the box ticked when the account is created; the date and the version accepted are stored. The contract consists of the following documents, in decreasing order of priority: any quote or purchase order, the personal data processing agreement, these terms and conditions.

The Customer's general terms of purchase are not enforceable against Unrush, unless accepted in writing.

3. Description of the Service

Unrush assists with footage logging: the Customer uploads their footage, organizes it into projects, and queries its content in natural language. The Service produces, among other things, descriptions, selections of moments, transcriptions, audio/video synchronizations and exports to the editing software on the market.

The Service relies on artificial intelligence models. The Results are a decision-making aid: they may be incomplete, inaccurate or wrong. The Customer remains solely responsible for checking them and for the use made of them, in particular before any publication.

When enabled for their account, publishing features allow the Customer to connect a TikTok, YouTube, Instagram or Twitch account and to send moments of their choice to it. Nothing is sent without an action by the Customer, who remains solely responsible for the content published and for complying with the rules of each platform. By using these features, the Customer accepts the terms of the service concerned, in particular the YouTube Terms of Service.

4. Account and organization

The Customer provides accurate information and keeps it up to date. Login credentials are personal; the Customer is answerable for any action carried out from their account and those of their Users, and notifies Unrush without delay of any unauthorized use.

Within an organization, projects and analyses may be visible to other members according to the Service's sharing rules. The Customer decides who joins their organization, keeps their team code confidential, and removes access that is no longer needed.

5. Plans, quotas and trial period

The Service is offered in several plans, which differ in storage volume and monthly quotas (queries, transcription hours, uploaded volume). The features and prices in force are those presented on the website or in the quote provided to the Customer.

Trial or early access may be offered free of charge. It is provided as is, with no availability commitment, and Unrush may modify or end it with reasonable notice.

When a quota is reached, the features concerned are suspended until the period renews or the plan changes. Unused quotas are not carried over.

6. Prices, invoicing and payment

Prices are expressed in euros. Value added tax is added where applicable, at the rate in force; when Unrush is under the VAT franchise scheme, its invoices bear the statement "TVA non applicable, article 293 B du code général des impôts" (VAT not applicable, article 293 B of the French General Tax Code). Subscriptions are invoiced in advance, per monthly or annual period, and are payable by bank card through a payment provider, or by bank transfer on the basis of a quote. Unrush does not store card numbers.

Unrush may revise its prices. Any revision is notified at least thirty days before it takes effect and applies from the next billing period; a Customer who refuses it may terminate before that date.

In accordance with article L. 441-10 of the French Commercial Code, any late payment automatically incurs penalties calculated at three times the legal interest rate, as well as a fixed indemnity of 40 euros for recovery costs. After a reminder that remains unanswered for fifteen days, Unrush may suspend access to the Service.

7. Term and termination

The contract takes effect when the account is created. The subscription is entered into for the chosen period and renews automatically for identical periods.

The Customer may terminate at any time from their account or by email; termination takes effect at the end of the current period, without pro rata refund. The right of withdrawal provided for by the French Consumer Code does not apply to these terms, which are entered into between professionals.

Either party may terminate automatically in the event of a serious breach by the other, not remedied thirty days after formal notice. Unrush may immediately suspend an account in the event of unlawful use, a threat to the security of the Service, or fraud.

8. Reversibility and deletion

Throughout the term of the contract, the Customer may export their Results in the formats offered by the Service. As the original files remain in the Customer's possession, Unrush is not intended to be their sole custodian: the Customer keeps their own copies of their footage.

At the end of the contract, the Content and Results remain accessible for thirty days to allow their retrieval, and are then deleted from active systems. The Customer may request earlier deletion at any time.

9. Customer obligations

The Customer warrants that they hold all the rights and authorizations required for the Content to be processed by the Service, in particular copyright and related rights, as well as the authorizations relating to the image and voice of the people filmed.

The Customer shall not:

• upload unlawful Content, or Content that infringes the rights of third parties;
• use the Service to identify people by biometric recognition, or for any practice prohibited by the regulations on artificial intelligence;
• circumvent quotas, resell access or share it outside their organization;
• extract, decompile or reproduce the Service, or use it to develop a competing service;
• disrupt the Service or test its security without prior written consent.

Importing videos from a third-party platform is done under the Customer's sole responsibility, who must ensure that they are authorized to do so by the terms of that platform and by the rights holders.

10. Ownership of Content and Results

The Content remains the exclusive property of the Customer. The Customer grants Unrush, for the term of the contract and worldwide, a non-exclusive license strictly limited to the technical operations needed to provide the Service: hosting, transcoding, compression, automated analysis, generation of thumbnails and exports. This license extends to Unrush's technical processors, within the same limit.

Unrush does not use the Content to train artificial intelligence models and contractually imposes the same prohibition on its processors. Unrush does not access the Content, except where necessary for support requested by the Customer, to resolve an incident or to comply with a legal obligation.

The Results belong to the Customer, to the extent permitted by law. Unrush does not guarantee that Results generated by artificial intelligence can be protected by an intellectual property right, nor that they are unique.

Unrush may use aggregated and anonymous usage statistics to improve the Service.

11. Unrush's intellectual property

The Service, its software, interfaces, extensions, documentation and trademarks remain the property of Unrush. The Customer is granted a personal, non-exclusive and non-transferable right of use, for the term of the contract and for their professional needs only. Feedback and suggestions sent by the Customer may be used freely by Unrush.

12. Availability, support and changes

Unrush uses reasonable means to ensure access to the Service, without any guarantee of continuous availability. Interruptions may occur for maintenance, announced whenever possible. Support is provided by email at contact@unrush.io, on business days.

Unrush develops the Service and may modify or withdraw features. When a change substantially reduces the Service subscribed to, the Customer is informed in advance and may terminate free of charge.

13. Personal data

Unrush processes account and billing data as data controller, in accordance with its privacy policy.

For the personal data contained in the Content — in particular the image and voice of the people filmed — the Customer is the data controller and Unrush acts as processor, under the terms of the data processing agreement, which forms an integral part of the contract. It is the Customer's responsibility to inform the data subjects and to have a legal basis for this processing.

14. Confidentiality

Each party keeps confidential the non-public information of the other party of which it becomes aware in the course of the contract, and in particular, for Unrush, the Customer's Content. This obligation lasts for the term of the contract and five years after it ends.

15. Liability

Unrush is bound by an obligation of means (best efforts). Its liability may only be incurred in the event of proven fault and only for direct and foreseeable damage. Indirect damage is excluded, such as loss of revenue, customers, opportunity or reputation, as well as the consequences of an editing or publishing decision taken on the basis of the Results.

The total amount of Unrush's liability, for all causes combined, is capped at the sums, excluding tax, actually paid by the Customer over the twelve months preceding the event giving rise to the claim. This cap applies neither in the event of gross negligence or willful misconduct, nor to personal injury.

The Customer indemnifies Unrush against any third-party claim based on the Content or on a use of the Service contrary to these terms.

16. Force majeure

Neither party is liable for a failure due to force majeure within the meaning of article 1218 of the French Civil Code, including the prolonged failure of an infrastructure or network provider. If the impediment lasts more than sixty days, either party may terminate without compensation.

17. Subcontracting, assignment and reference

Unrush may use technical processors and remains responsible for their services. The contract may be assigned by Unrush as part of a reorganization or a transfer of business; the Customer is informed of it. Unless the Customer objects, Unrush may cite their name and logo among its references.

18. Changes to the terms

Unrush may amend these terms. Customers are informed by email or in the application at least thirty days before a substantial change takes effect. Continued use after that date constitutes acceptance; otherwise, the Customer may terminate before that date.

19. Governing law and jurisdiction

These terms are governed by French law. Failing an amicable settlement within thirty days of notification of a dispute, the competent courts within the jurisdiction of Unrush's registered office have sole jurisdiction, including for summary proceedings, in the event of multiple defendants or third-party claims.