Terms & Conditions

ezRushes — version of 26 October 2026

These Terms & Conditions apply to all contracts for the use of ezRushes between upup.berlin GmbH, Hauptstraße 13, 10317 Berlin, Germany (Charlottenburg Local Court, HRB 249429 B; the “Provider”) and its customers. Further details about the Provider are given in the imprint.

1. Businesses only

The offer is aimed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), i.e. natural or legal persons and partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding the contract (B2B). Consumers (§ 13 BGB) cannot conclude a contract. The customer confirms when registering and – where asked – when concluding the contract that they are acting as an entrepreneur.

2. Subject matter

ezRushes provides a hosted review portal for drone rushes (proxy files from the DJI remote controller) (software as a service) and an Android app for DJI remote controllers. The scope depends on the plan chosen (Free, Pro, Self-hosted) according to the service description at ezrushes.com/pricing and the contract summary.

3. Conclusion of the contract

(1) The presentation of the plans on ezrushes.com is not yet a binding offer.

(2) For the Free and Pro plans, the contract is concluded online in these steps:

1. Registration at ezrushes.com/register with company and billing details, e-mail address, password and the desired portal address, confirming that the customer is acting as a business.
2. Choosing the plan in the customer account.
3. Display of the contract summary with plan, scope of services, start, term and price as well as the conditions for renewal and cancellation.
4. Agreeing to these Terms & Conditions and – where asked – confirming business status by ticking the checkboxes.
5. Clicking the button “Order Pro — payable on invoice” (Pro) or “Activate free plan” (Free). With this click the contract is concluded; the customer account then shows the plan as active.

(3) Until the click, the customer can check and correct their details at any time: all entries in the registration form can be changed before submitting, and the form points out incomplete or invalid entries. In the contract summary, the customer can switch the plan using the plan buttons or abort with “Cancel” without concluding a contract. After registration, the Provider changes company and billing details on notice to mail@ezrushes.com.

(4) The Provider stores the contract data (plan, start, term, price, the version of these Terms & Conditions and the time of acceptance). The customer can view plan, term and price in their customer account at any time and receives a confirmation by e-mail after concluding the contract, stating plan, term, price, the conditions for renewal and cancellation and a link to these Terms & Conditions. The Terms & Conditions are available at any time at ezrushes.com/terms and can be saved and printed.

(5) The contract languages are German and English. The website, the customer account and the contract summary are in English; these Terms & Conditions are available in German and as an English translation. In case of any discrepancy, the German version prevails.

(6) The Self-hosted plan is agreed individually: after an enquiry via ezrushes.com/book the customer receives an offer; the contract is concluded when it is accepted. Unless agreed otherwise there, these Terms & Conditions apply.

4. Prices & payment

The prices stated in the contract summary apply. All prices are net prices plus statutory VAT where applicable. No payment method is stored; paid plans are billed by invoice (payable within 14 days). The customer subdomain is usually activated within a few hours of the conclusion of the contract.

5. Term, renewal & cancellation

(1) The “Free” plan runs for an indefinite period and can be cancelled by either party at any time.

(2) The “Pro” plan has a term of 12 months and renews automatically for a further 12 months each time unless it is cancelled with 4 weeks’ notice before the end of the current term. On renewal the previous annual price continues to apply; an early-bird price granted when the contract was concluded is kept on renewal.

(3) Cancellation is made in text form by e-mail to mail@ezrushes.com. The right to terminate for good cause remains unaffected.

(4) When the “Pro” plan ends, the customer account continues on the “Free” plan unless the customer also cancels the customer account. The limits of the “Free” plan then apply (section 6).

(5) When the customer chooses the “Free” plan for the first time, the Provider may unlock the scope of “Pro” free of charge for 14 days (Pro preview). The preview ends automatically; the account then continues on the “Free” plan without any costs. If the customer concludes the “Pro” plan during the preview, its term begins on the day after the preview ends.

6. Storage & usage limits

The limits for projects and storage stated for each plan apply. So that an ongoing shoot does not fail at the storage limit, the Provider grants a safety buffer above the plan limit (Free 3 GB, other plans 5 GB). The buffer is a short-term bridge and not part of the booked scope of services; there is no entitlement to it. The customer is informed about the use of the buffer in the portal, in the app and by e-mail. Once the buffer is full as well, further uploads are refused until storage is available again.

If an account’s usage stays above the plan limit permanently — on more than 20 days per contract year —, the Provider may suspend the account after prior notice in text form until usage is back within the plan limit or a suitable plan has been booked. During a suspension the stored content is retained; uploads and access may be suspended.

7. Content & moderation

(1) The customer is responsible for the content that they and the persons they grant access to store in the portal, and warrants that they hold the necessary rights.

(2) Content is prohibited if it violates applicable law (in particular criminal content), infringes the rights of third parties (such as copyright, related rights, trademark or personality rights including the right to one’s own image) or contains personal data without a legal basis.

(3) The Provider accepts notices of illegal content via the form at ezrushes.com/report or by e-mail to mail@ezrushes.com (Art. 16 DSA). A notice should contain the exact location (URL of the clip or the page), an explanation, the name and e-mail address of the person submitting it (not required for notices of child sexual abuse material) and a statement that the information is accurate and complete to the best of their knowledge. If the person submitting the notice has given an e-mail address, they receive an acknowledgement of receipt and a notification of the decision.

(4) Notices are reviewed by humans; the Provider does not use automated moderation or automated decisions. The stored content is not generally monitored.

(5) If content is illegal or violates these Terms & Conditions, the Provider may, depending on the severity of the violation, disable access to the content, remove the content, suspend access to the portal in whole or in part or, in the case of serious or repeated violations, terminate the contract for good cause. In doing so, it takes into account the circumstances of the individual case and the legitimate interests of those involved.

(6) The Provider informs the affected customer of such a measure by e-mail at the latest when it takes effect and gives a statement of reasons (Art. 17 DSA): the type and scope of the measure, the facts and circumstances relied on, whether it is based on a notice, the legal or contractual ground and the possibility to complain. This does not apply where statutory requirements or orders of authorities prevent it.

(7) The customer and the person who submitted the notice can complain about the decision by e-mail to mail@ezrushes.com. The Provider then reviews the decision again, communicates the result and lifts the measure if the complaint is justified. Recourse to the courts remains unaffected.

(8) If the Provider becomes aware of information giving rise to a suspicion of a criminal offence involving a threat to the life or safety of persons, it informs the competent authorities (Art. 18 DSA).

8. Availability, data & deletion

The Provider strives for high availability but does not owe a specific availability rate. The uploaded proxies are working copies; the original recordings remain with the customer. The video files in the portal are not backed up separately. The customer can delete clips and projects in the portal themselves at any time.

When the “Pro” plan ends, the customer account continues as “Free”; the stored content is retained. If the customer cancels the entire customer account or requests deletion, the Provider deletes the customer account and the portal content within 30 days. Database backups are overwritten after 180 days at the latest. Statutory retention obligations (for example for invoices) remain unaffected.

9. Liability

The Provider is liable without limitation for intent and gross negligence and under the German Product Liability Act. In the case of simple negligence, it is liable only for breach of essential contractual obligations, limited to the foreseeable damage typical for the contract. Otherwise, liability is excluded.

10. Final provisions

German law applies. The place of jurisdiction is, where permissible, the Provider’s registered office. Should individual provisions be invalid, the remainder of the contract remains valid.