Terms of Service

Rusty is a brain gym application currently in development. The Service consists of an informational website describing the upcoming app and a waitlist through which interested users can sign up for early access. We make no representation that the app will be released on any particular timeline or with any specific features.

You must be at least 13 years of age to use the Service. By using it, you represent and warrant that you meet this age requirement. If you are between 13 and 18 years old, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.

Submitting your email to the Rusty waitlist does not guarantee early access to Rusty, access at any specific time, access to any particular feature, or any specific pricing. We reserve the right to determine eligibility criteria, access order, and pricing at our sole discretion. We may accept, reject, or postpone waitlist requests for any reason or no reason.

By joining the waitlist, you consent to receive transactional emails about your waitlist status and occasional product updates from Rusty. You may withdraw this consent at any time by unsubscribing via the link in any email or by contacting us directly.

You agree to use the Service only for lawful purposes. You must not:

• Submit false, misleading, or fraudulent information to the waitlist.
• Attempt to gain unauthorized access to any part of the Service or its underlying systems.
• Interfere with or disrupt the integrity or performance of the Service, including through the transmission of viruses, malicious code, or excessive automated requests.
• Scrape, crawl, or harvest data from the Service without our prior written authorization.
• Use the Service in any manner that violates applicable local, national, or international laws or regulations.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

We reserve the right to remove any submission and restrict or terminate access to the Service for any user who violates these requirements.

All content on the Service — including but not limited to the Rusty name, logo, fox mascot, visual design, copy, graphics, and software — is owned by or licensed to Rusty and is protected by copyright, trademark, and other applicable intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or exploit any portion of the Service or its content without our express prior written permission.

By submitting information (such as your email address and improvement preference) through the Service, you grant Rusty a worldwide, royalty-free license to use that information for the purposes described in our Privacy Policy. You represent that any information you submit is accurate and that you have the right to provide it.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RUSTY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components; that defects will be corrected; or that the Service or the servers making it available are free of viruses or other harmful components. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information on the Service.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RUSTY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE, EVEN IF RUSTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ALL CASES, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED FIFTY US DOLLARS ($50).

You agree to defend, indemnify, and hold harmless Rusty and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses — including reasonable legal fees — arising out of or in any way connected to (a) your access to or use of the Service, (b) your violation of these Terms, or (c) your violation of any third-party right, including any intellectual property or privacy right.

The Service may contain links to third-party websites or services (such as Tally for form submission). These links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party site or service. Accessing third-party sites is at your own risk, and we encourage you to review their terms and privacy policies.

These Terms and any dispute arising from or relating to them or the Service shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-law principles.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in California, and you hereby consent to the personal jurisdiction and venue of such courts. Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of our intellectual property.

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. Sections 5, 7, 8, 9, 11, and 13 shall survive any termination of these Terms.

We reserve the right to modify these Terms at any time. If we make material changes, we will provide at least 14 days' notice by emailing the address on file or posting a prominent notice on the Service. Your continued use of the Service after the revised Terms take effect constitutes your acceptance of the changes. If you do not agree to the revised Terms, stop using the Service before they take effect.

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Rusty regarding the Service and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms freely.

Questions about these Terms? Contact us at: