Effective date: June 26, 2026
These Terms of Service ("Terms") govern your access to and use of the website at tommy-rush.com (the "Site") and the digital products, software, and downloads offered through it. Please read these Terms carefully. By using the Site or buying any product, you agree to these Terms.
The Site and the "Tommy Rush" and "TR" brand are operated by Capiscana Inc. ("Capiscana", "we", "us", or "our"), a company with its principal place of business in California, USA. You can reach us at studio@tommy-rush.com.
By accessing the Site, signing up for our free email sampler, or purchasing a product, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy and Refund Policy, which are incorporated here by reference. If you do not agree, please do not use the Site or buy our products.
You must be at least 16 years old (or the age of digital consent in your country, if higher) and able to form a binding contract to use the Site or make a purchase. If you are using the Site on behalf of a business, you confirm you are authorized to bind that business to these Terms.
Through the Site we offer digital software applications, currently including PT Arranger, TR Shortcut Trainer, and TR Key (the "Apps"), other digital downloads, and a free email "sampler" (a PDF) that you can request by joining our email list. Physical merchandise and the Session Cards deck are sold separately through our Shopify store and are subject to the terms and policies presented at that store. These Terms apply to the digital products listed above.
Some products or features may let you create an account or join our email list. You are responsible for the information you provide and for keeping any login credentials secure. You agree to provide accurate information and to keep it up to date. We may suspend or close access if information is inaccurate or if these Terms are breached.
When you purchase or download an App or other digital product, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use it for your own personal or internal business use, subject to these Terms and to any product-specific terms presented with the product. Except as permitted by applicable law, you may not resell, rent, lease, sublicense, distribute, or share the product or your license; copy, modify, translate, reverse engineer, decompile, or disassemble the software, or attempt to derive its source code; remove or alter any copyright, trademark, or other proprietary notices; or use the product to build a competing product or service. This license does not transfer ownership of the software to you. We (or our licensors) retain all rights not expressly granted.
The Site and its content, including the "Tommy Rush" and "TR" names, logos, the Apps, software, text, graphics, and design, are owned by or licensed to Capiscana and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use our names, logos, or trademarks without our prior written permission.
Purchases of the Apps and other digital products on the Site are sold and processed by our Merchant of Record, Paddle.com Market Limited ("Paddle"). This means that when you buy a digital product, Paddle is the seller of record and handles checkout, payment processing, billing, and the calculation and collection of any applicable sales tax or VAT; your purchase is also subject to Paddle's buyer terms and policies, which you agree to at checkout; and Capiscana remains the provider of the software and the licensor under Section 6. Prices are shown at checkout and may change over time. Paddle may display prices in your local currency and apply taxes based on your location. You are responsible for providing accurate billing information.
Our digital products are delivered immediately, and as a general rule all sales are final. Some purchases may qualify for a refund in limited circumstances, and certain consumer rights that cannot be waived by law continue to apply. Refunds, where available, are handled through Paddle as our Merchant of Record. Please see our Refund Policy for the full details and for how to make a request.
If you request our free sampler, you are joining our email list, and we may send you marketing and product emails. You can unsubscribe at any time using the link in any email or by contacting studio@tommy-rush.com. How we handle your email address is described in our Privacy Policy.
You agree not to use the Site or products for any unlawful purpose or in violation of any applicable law; interfere with or disrupt the Site, its security, or the servers or networks behind it; attempt to gain unauthorized access to any part of the Site or to other users' data; introduce malware or any harmful code; or use automated means to scrape, harvest, or overload the Site, except for standard search engine indexing.
The Site relies on third-party providers (for example, for hosting, payments, email, and fonts) and may link to third-party websites or stores, including our Shopify merch store. We do not control those third parties and are not responsible for their content, products, or practices. Your use of a third-party service is governed by that party's own terms and privacy policy.
The Site and the products are provided "as is" and "as available," without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the Site or products will be uninterrupted, error-free, secure, or free of harmful components, or that they will meet your specific requirements. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you, and nothing in these Terms limits any warranty or right that cannot be limited or excluded under applicable law.
To the fullest extent permitted by law, Capiscana and its officers, employees, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or business, arising out of or related to your use of (or inability to use) the Site or products. To the fullest extent permitted by law, our total liability for any claim relating to the Site or a product will not exceed the amount you paid for the product giving rise to the claim in the twelve (12) months before the event that caused the liability. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, for death or personal injury caused by negligence, or for your non-waivable statutory consumer rights.
You agree to indemnify and hold harmless Capiscana and its officers, employees, and partners from any claims, damages, losses, liabilities, and reasonable expenses (including legal fees) arising out of your misuse of the Site or products, your violation of these Terms, or your violation of any law or the rights of a third party.
We may update, change, or discontinue the Site or any product at any time. We may also update these Terms from time to time. When we do, we will post the revised Terms with a new effective date. Changes apply going forward from the date they are posted. Your continued use of the Site or products after the changes take effect means you accept the updated Terms.
We may suspend or end your access to the Site or a product if you breach these Terms or use the Site or products unlawfully. Sections that by their nature should survive termination (including those on intellectual property, disclaimers, limitation of liability, and governing law) will continue to apply.
These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-law rules. Subject to any non-waivable rights you have under the laws of your country of residence, you agree that any dispute relating to these Terms or the Site will be brought in the courts located in California, and you consent to the jurisdiction of those courts. If you are a consumer in the EU, UK, or another region with mandatory local protections, you may also have the right to bring proceedings in your home courts, and those protections are not affected by this section.
These Terms, together with the Privacy Policy and Refund Policy, are the entire agreement between you and us regarding the Site and digital products. If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our consent. We may assign them as part of a merger, acquisition, or sale of assets.
Questions about these Terms? Email us at studio@tommy-rush.com.