End User License Agreement

The following definitions shall apply throughout this Agreement:

"Authorized User" means the individual natural person, or the specific individuals designated by an organizational Licensee, who are expressly authorized to access and use the Software under the applicable Subscription Plan.

"Subscription Plan" means the plan under which the Software and storage are made available to you, as selected at the time of purchase or sign-up, including the free tier and the paid committed-capacity managed-storage plan, together with any Enterprise plan offered under a separate agreement.

"Managed Storage" means object storage provisioned, operated, and billed by Haste on your behalf on a supported storage backend, for which you purchase Storage Capacity from Haste.

"Bring-Your-Own-Storage" or "BYO Storage" means a configuration in which you connect your own S3-compatible storage account, in which case Haste licenses the Software to you but does not provide the underlying storage, and your relationship with your storage provider is governed by that provider's terms.

"Storage Capacity" means the amount of storage, measured in terabytes (TB), that you have purchased under a paid Subscription Plan and that determines your drive's writable quota.

"Account" means the Haste account, credentials, and entitlement that authenticate the Software and authorize its use under your Subscription Plan.

"Drive" means the native storage volume the Software presents on your device, backed by the object storage associated with your Account.

"Your Content" means the files, objects, data, media, and metadata that you store, upload, transfer, stream, or otherwise process through the Software.

"Usage Data" means telemetry, diagnostic information, and usage metrics collected by the Software as described in Section 8 of this EULA, including but not limited to stored-byte and active-capacity measurements, transfer volume, session duration, feature utilization, and operational patterns.

2.1 Grant of License

Subject to your compliance with all terms and conditions of this EULA and payment of all applicable fees, Haste hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on compatible devices solely in accordance with the permissions and restrictions of your applicable Subscription Plan, the documentation, and this EULA. The Software is licensed, not sold. Haste and its licensors retain all right, title, and interest in and to the Software, including all Intellectual Property Rights therein. This license does not affect your ownership of Your Content.

2.2 Subscription Plans and Storage Capacity

Your rights to use the Software and the storage it provides are determined by your Subscription Plan. Paid managed-storage plans are sold on a committed-capacity basis: you purchase Storage Capacity by the terabyte and are billed monthly in advance, and your Drive remains writable up to your purchased Storage Capacity. If Your Content exceeds your purchased Storage Capacity, the Drive may become read-only until you reduce usage or purchase additional Storage Capacity. Using the Software outside the scope of your Subscription Plan, or circumventing capacity or metering controls, constitutes a material breach of this EULA and may result in suspension, retroactive billing, or termination.

2.3 Free Tier

Haste may offer a free tier with a limited Storage Capacity and without a payment method. The free tier is provided for evaluation and light personal use, is offered "as is," and may be modified, limited, or discontinued at any time. Haste may deactivate free-tier Accounts that remain inactive for an extended period in accordance with the Terms of Service.

2.4 Bring-Your-Own-Storage

Where the Software supports connecting your own S3-compatible storage account, you are solely responsible for that storage account, including all fees, capacity, durability, availability, security configuration, and compliance obligations imposed by your storage provider. Haste does not control and is not responsible for storage you provide, and the warranty disclaimers and liability limitations in this EULA apply with full force to any loss, corruption, or unavailability of data residing in storage you control.

2.5 Enterprise Plans

Plans for organizations requiring multiple Authorized Users, higher capacity commitments, custom terms, service levels, or data-processing agreements are offered under a separate Enterprise agreement and pricing as determined by Haste. For Enterprise inquiries, contact licensing@rushs3.io.

In addition to the restrictions in the Rush Terms of Service (incorporated herein by reference), you agree that you shall not, and shall not permit any third party to:

• (a) Install, use, or activate the Software, or use storage, beyond the scope permitted by your Subscription Plan;
• (b) Share, loan, rent, lease, sublicense, distribute, or otherwise make the Software, your Account, or your credentials available to any unauthorized person or entity;
• (c) Use the Software under a Subscription Plan for which you are not eligible, or resell or redistribute the storage or functionality of the Software to third parties without an appropriate Enterprise or reseller agreement;
• (d) Copy, reproduce, or duplicate the Software, in whole or in part, except for a single backup copy for archival purposes;
• (e) Modify, adapt, translate, port, or create derivative works based upon the Software;
• (f) Reverse engineer, disassemble, decompile, decode, decrypt, or otherwise attempt to derive the source code, underlying algorithms, data structures, protocol or wire-format specifications, or any other proprietary component of the Software by any means;
• (g) Circumvent, disable, tamper with, or bypass any license management, activation, entitlement, capacity enforcement, usage metering, telemetry, copy protection, digital rights management, or other technological protection measures in the Software;
• (h) Remove, alter, obscure, or deface any proprietary notices, labels, trademarks, watermarks, serial numbers, or license information in or on the Software;
• (i) Use the Software to develop, train, test, benchmark, or improve any competing product, service, or technology;
• (j) Use any telemetry, logs, performance data, or other information generated by or derived from the Software (excluding Your Content) to train, validate, or improve any machine learning model, artificial intelligence system, or automated decision-making system;
• (k) Use the Software to store, host, transfer, or distribute any content that is unlawful, infringing, or that you do not have the right to store or transfer;
• (l) Transfer, assign, or sublicense your license or Account to any other person or entity without the prior written consent of Haste;
• (m) Use the Software in violation of any applicable law, regulation, or governmental order; or
• (n) Attempt to do, or assist or encourage any third party to do, any of the foregoing.

4.1 Activation

The Software requires an authenticated Account and a valid entitlement, and may require periodic online verification to confirm the validity and scope of your Subscription Plan. You agree to provide accurate and complete information during sign-up and activation. The Software may be limited or non-functional without successful authentication and activation.

4.2 Online Verification

The Software periodically communicates with Haste servers to authenticate your Account, verify Subscription Plan and capacity entitlements, deliver updates, and transmit Usage Data as described in Section 8. You agree to maintain an Internet connection sufficient to permit such communications. If the Software is unable to verify your entitlement for an extended period, it may enter a reduced-functionality or read-only mode until verification is successfully completed.

4.3 License Integrity

You agree not to circumvent, disable, interfere with, or manipulate any authentication, entitlement, activation, capacity-enforcement, metering, or compliance mechanisms in the Software. Any attempt to spoof, forge, clone, or otherwise manipulate credentials, entitlements, device identifiers, capacity measurements, usage metrics, or telemetry data constitutes a material breach of this EULA and may result in immediate termination of your license and pursuit of all available legal remedies, including claims for fraud and misappropriation.

Haste may, from time to time and at its sole discretion, develop and provide Software updates, which may include bug fixes, patches, feature enhancements, new features, new modules, updated documentation, and system requirement changes (collectively, "Updates"). Updates may be automatically downloaded and installed without additional notice to you. You agree that Haste has no obligation to provide any Updates or to continue to provide or enable any particular feature or functionality of the Software. All Updates shall be deemed part of the Software and subject to this EULA.

6.1 Haste Ownership

The Software is the valuable intellectual property of Haste.NYC LLC and its licensors. All right, title, and interest in and to the Software, including all source code, object code, algorithms, data structures, user interfaces, visual designs, protocol and wire-format specifications, databases, documentation, trade secrets, inventions, patents, patent applications, copyrights, trademarks, service marks, trade names, trade dress, and all other Intellectual Property Rights, are and shall remain the exclusive property of Haste and its licensors. The Software is protected by the copyright laws of the United States and international copyright treaties, as well as other intellectual property laws and treaties.

6.2 Your Content

"Your Content" means the files, objects, data, media, and metadata that you store or process through the Software. As between you and Haste, you retain all rights in Your Content. Haste does not claim ownership of Your Content. The license you grant to Haste with respect to Your Content is limited to what is necessary to provide, operate, and improve the Software and Services as described in the Terms of Service.

6.3 Feedback

Any feedback, suggestions, ideas, enhancement requests, recommendations, or other information you provide regarding the Software ("Feedback") shall be deemed non-confidential, and Haste shall be free to use, reproduce, disclose, and exploit such Feedback without restriction or obligation of any kind.

You acknowledge that the Software embodies valuable trade secrets and confidential proprietary information of Haste and its licensors ("Confidential Information"), including but not limited to: source code, object code, algorithms, data structures, caching and prefetch logic, streaming and write-back methods, protocol and wire-format implementations, metadata handling routines, user interface designs, API specifications, database schemas, and all related technical and business information. You agree to:

• (a) Hold all Confidential Information in strict confidence using at least the same degree of care you use to protect your own most sensitive confidential information, but in no event less than reasonable care;
• (b) Not disclose, publish, disseminate, or otherwise make available any Confidential Information to any third party without the prior written consent of Haste;
• (c) Not use any Confidential Information for any purpose other than exercising your rights under this EULA;
• (d) Not reverse engineer, analyze, or study the Software for the purpose of discovering Confidential Information; and
• (e) Immediately notify Haste of any unauthorized disclosure or use of Confidential Information of which you become aware.

Your obligations under this Section 7 shall survive the termination or expiration of this EULA and shall continue for so long as the Confidential Information remains a trade secret under applicable law.

8.1 Consent to Usage Monitoring

By installing and using the Software, you expressly acknowledge and consent to the collection, transmission, storage, and analysis of Usage Data as described in this Section 8. Usage monitoring — including measurement of your stored bytes and active Storage Capacity — is an essential and integral component of the Software and is necessary to meter and bill committed capacity, enforce plan limits, and operate the service. You may not disable, circumvent, block, or interfere with the collection or transmission of Usage Data without violating this EULA.

8.2 What We Collect

The Software automatically collects and transmits Usage Data to Haste servers. Usage Data may include, but is not limited to:

• (a) Account and Entitlement Data: Account identifier, Subscription Plan, purchased Storage Capacity, activation status, and subscription status;
• (b) Device and Environment Data: hardware identifiers, device fingerprints, operating system type and version, Software version, system configuration information, and network identifiers;
• (c) Storage and Usage Metrics: stored-byte totals, active Storage Capacity, number of objects, transfer volume (upload and download), session frequency and duration, features utilized, error rates, and timestamps of activity;
• (d) Performance and Diagnostic Data: transfer throughput, cache and prefetch metrics, crash reports, error logs, and diagnostic information; and
• (e) Operational Patterns: session frequency, peak usage times, and any other patterns relevant to operating the service, billing accurately, and determining whether the Software is being used in accordance with the applicable Subscription Plan.

The Software does not transmit the contents of Your Content to Haste as Usage Data; the contents of Your Content are processed solely to provide the storage service as described in the Terms of Service and Privacy Policy.

8.3 How We Use Usage Data

Haste uses Usage Data for the following purposes:

• (a) Billing and Capacity Metering: To measure stored bytes and active Storage Capacity and to bill committed capacity accurately;
• (b) Plan Compliance and Enforcement: To verify that the Software is being used in accordance with the applicable Subscription Plan and to detect unauthorized use;
• (c) Software Improvement: To analyze usage trends, identify bugs, improve functionality, and develop new features;
• (d) Security and Fraud Prevention: To detect and prevent unauthorized access, entitlement fraud, and credential sharing; and
• (e) Customer Support: To diagnose and resolve technical issues.

8.4 Usage Data and Privacy

Our collection, use, and storage of Usage Data is subject to our Privacy Policy (available at https://www.rushs3.io/privacy). Usage Data is stored securely and access is limited to authorized Haste personnel. We do not sell Usage Data to third parties. Usage Data may be aggregated and anonymized for statistical analysis and benchmarking purposes.

8.5 Tampering Prohibited

You shall not tamper with, disable, circumvent, block, intercept, modify, spoof, or interfere with the collection, transmission, or accuracy of Usage Data, capacity metering, telemetry systems, entitlement verification mechanisms, or any other monitoring or compliance features of the Software. Any such tampering constitutes a material breach of this EULA and may result in immediate termination of your license and pursuit of all available legal remedies.

9.1 Right to Review and Audit

Haste reserves the right to review Usage Data at any time to verify compliance with this EULA. If Usage Data or other information indicates that the Software is being used inconsistently with the applicable Subscription Plan, Haste may initiate a compliance review. Haste also reserves the right, upon at least seven (7) days' prior written notice, to conduct an audit of your use of the Software. You agree to cooperate fully with any such audit.

9.2 Capacity Enforcement

When Your Content reaches or exceeds your purchased Storage Capacity, the Software may prevent further writes and place the Drive in a read-only state until you reduce usage below your purchased capacity or purchase additional Storage Capacity. You remain responsible for managing your Storage Capacity and for any fees associated with the capacity you purchase.

9.3 Remedies for Non-Compliance

If Haste determines that you are using the Software inconsistently with your Subscription Plan — including by circumventing capacity or metering controls, sharing credentials, or reselling the service without authorization — Haste may take one or more of the following actions: (a) notify you of the issue and provide a cure period not to exceed thirty (30) days; (b) invoice you for any underpaid fees attributable to the non-compliant use; (c) suspend your access until the compliance issue is resolved; (d) terminate your license immediately upon written notice; (e) pursue all available legal and equitable remedies; and (f) charge interest on unpaid amounts at 1.5% per month plus collection costs and attorneys' fees.

9.4 No Limitation on Other Remedies

The remedies set forth in this Section 9 are cumulative and in addition to all other rights and remedies available to Haste under this EULA, at law, or in equity.

The Software is provided "as is" and "as available," with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, Haste and its affiliates, licensors, suppliers, and service providers (collectively, the "Covered Parties") expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, completeness, quiet enjoyment, and any warranties arising from course of dealing, usage of trade, or course of performance.

The Covered Parties do not warrant that (a) the Software will meet your requirements; (b) the Software will operate without interruption or be error-free; (c) defects in the Software will be corrected; (d) the Software will be compatible with any particular hardware, operating system, network, or third-party storage provider; or (e) the results obtained from the use of the Software, including the storage, transfer, or retrieval of data, will be accurate or reliable, or that data will not be lost or corrupted. You are responsible for maintaining independent backups of Your Content. Your use of the Software is at your sole risk.

To the maximum extent permitted by applicable law, in no event shall the Covered Parties be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, including but not limited to damages for loss of profits, revenue, business, goodwill, data, stored files, or use, regardless of the cause of action or the theory of liability, even if the Covered Parties have been advised of the possibility of such damages.

The total aggregate liability of the Covered Parties arising out of or relating to this EULA or your use of the Software shall not exceed the total amount you paid to Haste for the Software during the twelve (12) month period immediately preceding the event giving rise to such liability, or one hundred U.S. dollars (US $100.00), whichever is greater.

You agree to indemnify, defend, and hold harmless Haste and its affiliates, officers, directors, employees, agents, licensors, suppliers, and service providers from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use or misuse of the Software; (b) Your Content; (c) your breach of this EULA; (d) your use of the Software inconsistently with your Subscription Plan; (e) your violation of any applicable law; or (f) your violation of any rights of a third party. Haste reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

13.1 Termination by You

You may terminate this EULA at any time by uninstalling and destroying all copies of the Software in your possession or control and canceling your subscription. Termination does not relieve you of any obligation to pay outstanding fees.

13.2 Termination by Haste

Haste may terminate this EULA and your license immediately, without prior notice, if: (a) you breach any term of this EULA; (b) you fail to pay any applicable fees; (c) your use of the Software poses a security risk or may adversely affect the Software or other users; (d) Haste determines that you are using the Software inconsistently with your Subscription Plan and you fail to cure such non-compliance within the cure period provided; (e) you tamper with or disable any entitlement verification, capacity enforcement, usage metering, or telemetry mechanisms; or (f) such termination is required by applicable law.

13.3 Effect of Termination

Upon termination of this EULA for any reason: (a) all licenses and rights granted to you hereunder shall immediately cease; (b) you must immediately cease all use of the Software; (c) you must uninstall the Software from all devices and destroy all copies, including backup copies; (d) you must return or destroy all Confidential Information; and (e) for Haste-managed storage, Haste will retain Your Content for a wind-down period of not less than thirty (30) days during which you may retrieve it, after which it may be deleted. Sections 3, 6, 7, 8, 9, 10, 11, 12, 14, and 15 shall survive any termination or expiration of this EULA.

Any dispute, controversy, or claim arising out of or relating to this EULA shall be resolved in accordance with the Dispute Resolution and Arbitration provisions set forth in the Rush Terms of Service, which are incorporated herein by reference. Notwithstanding the foregoing, Haste shall be entitled to seek immediate injunctive or other equitable relief in any court of competent jurisdiction to prevent or restrain any breach or threatened breach of Sections 3, 6, 7, or 9 of this EULA, without the requirement of posting a bond or proving actual damages.

15.1 Entire Agreement

This EULA, together with the Rush Terms of Service, Privacy Policy, and any applicable Enterprise License Agreement or Product-Specific Terms, constitutes the entire agreement between you and Haste with respect to the Software and supersedes all prior or contemporaneous understandings, communications, or agreements, whether written or oral.

15.2 Governing Law

This EULA shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles.

15.3 Severability

If any provision of this EULA is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

15.4 No Waiver

The failure of Haste to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.

15.5 Assignment

You may not assign, transfer, or sublicense this EULA or any of your rights hereunder without the prior written consent of Haste. Haste may freely assign this EULA without your consent.

15.6 Export Compliance

You agree to comply with all applicable export control and sanctions laws and regulations of the United States and other jurisdictions in connection with your use of the Software.

15.7 U.S. Government End Users

The Software is "commercial computer software" as defined in 48 C.F.R. § 2.101. If you are a U.S. Government end user, your rights with respect to the Software are limited to those rights granted under this EULA in accordance with 48 C.F.R. §§ 12.212 and 227.7202.

15.8 Contact Information

For questions about this EULA, licensing, or to report a compliance concern:

• Haste.NYC LLC
• 555 Morgan Avenue, #2, Brooklyn, New York 11222, United States
• Licensing inquiries: licensing@rushs3.io
• Legal inquiries: legal@rushs3.io
• Privacy inquiries: privacy@rushs3.io
• General support: support@rushs3.io
• Website: https://www.rushs3.io