Terms of Use

Last updated and effective: September 16, 2026

If you require assistance accessing these Terms, contact support@rthmsapp.com.

Please read these Terms of Use ("Terms") carefully. By accessing or using rthms, you agree to be bound by them. If you do not agree with any part of these Terms, you must not access or use the Services.

NOTICE OF ARBITRATION AGREEMENT. These Terms contain a binding arbitration agreement and a class action waiver in Section 15. You agree that disputes between you and Rthms will be resolved by binding, individual arbitration, and you waive any right to participate in a class action lawsuit or class-wide arbitration. You have the right to opt out as described in Section 15.13.

NOTICE OF AUTOMATIC RENEWAL. If you purchase a paid subscription for a term (the "Initial Term"), your subscription will automatically renew for additional periods of the same duration at the then-current price unless you cancel in accordance with Section 12.

1. Introduction

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Rthms, Inc., a California corporation with its principal place of business in California ("Rthms," "we," "us," or "our"), governing your access to and use of the rthms mobile application, the rthms websites, and related services (collectively, the "Services").

What rthms is. rthms is a habits and lifestyle application. It reflects your recent activity back to you as scores and insights across lifestyle categories, turns patterns in that activity into "habit tags," and uses those tags to recommend places and events near you, to suggest plans ("Paths"), and to connect you with people and groups ("Circles"). Some of this works from information you enter directly, and some works from data sources you choose to connect, such as Apple Health, your spending habits through Plaid, Apple Music, YouTube, your device location, and supported wearables.

What rthms is not. rthms is not a dating service, a matchmaking service, a health care provider, a medical device, a financial adviser, or a ticketing agent for third-party events. Earlier versions of rthms included dating features. Those features have been discontinued.

Documents incorporated by reference. These Terms incorporate the Privacy Policy, which describes how we collect, use, disclose, and protect your personal information. Acceptable-use rules and safety expectations are set out inline in Sections 5 and 6 of these Terms rather than in separate documents.

Changes. We may update these Terms at any time as described in Section 19. For material changes affecting your rights, including modifications to Section 14 (Limitation of Liability) or Section 15 (Dispute Resolution), we will provide notice and may require your affirmative consent.

Pricing model. The Services are offered on a freemium basis, with optional in-app purchases and subscriptions for premium features. Purchases are governed by Section 12 and by the terms of the applicable app store.

2. Accounts

2.1 Eligibility

To use the Services you must create an account. By creating an account and using the Services, you represent and warrant that:

• You are at least 18 years of age, or the age of majority in the jurisdiction where you reside or from which you access the Services, whichever is greater;

• You are not prohibited from using the Services under any applicable laws, regulations, or governmental orders;

• You have not been previously suspended or removed from the Services, unless we have expressly granted you permission to resume use; and

• Your use of the Services will at all times comply with these Terms and all applicable laws.

The Services are not intended for and are not directed to individuals under 18 years of age. We may, in our sole discretion and in accordance with applicable law, conduct age estimation or verification for any user. We may monitor for underage or non-permitted use and may suspend or terminate your account if we have reason to believe you are not eligible.

If you believe a person under 18 has created an account, contact support@rthmsapp.com and we will investigate and remove the account where appropriate.

2.2 Account creation

You may create an account:

• In the rthms mobile application, by registering with an email address or mobile phone number and a password, or by using a supported third-party sign-in service such as Sign in with Apple or Google Sign-In; or

• On an rthms web page, including an event sign-up page that lets you create an account in order to join a specific event and then continue in the app.

Accounts created through either route are the same account and are governed by these Terms.

If you create an account using a third-party sign-in service, you authorize us to receive and use the information that service provides, which may include your name and email address, for the purpose of creating and operating your account. Your use of that third-party service is governed by that provider's own terms and privacy policy.

You must provide accurate information and keep it current.

2.3 No sharing of accounts

Absent our express permission, you may not share your account with any other person, and you may not access another person's account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@rthmsapp.com of any unauthorized use or suspected compromise.

2.4 Account deletion

You may delete your account at any time from the Settings screen in the app. Deletion takes effect immediately and cannot be undone. Once deleted, an account cannot be reactivated or restored; if you wish to use the Services again you must create a new account, subject to these Terms and our eligibility requirements.

Deleting your account is not the same as deleting every record associated with it. Section 18.5 and the Privacy Policy describe what is deleted, what is anonymized, and what is retained. In summary: your login credentials and most of your connected-source data are deleted; your profile record is anonymized rather than removed so that content and interactions involving other members remain coherent; and content you posted may remain visible in an anonymized form. If you want specific content removed, delete it before deleting your account, or contact support@rthmsapp.com.

Deleting the rthms app from your device does not delete your account and does not cancel a subscription. See Section 12.2.2.

2.5 Account monitoring and termination

We may monitor, review, or investigate your account, your content, or your activity at any time and without prior notice, to identify potential breaches of these Terms or applicable law. We may suspend, restrict, or terminate your account if we determine that your conduct or content violates these Terms, our policies, or applicable law. Such action may be taken without notice.

If your account is suspended or terminated, you may appeal by writing to support@rthmsapp.com within three months of the action, with a detailed explanation of why you believe it was taken in error. We will review the appeal and notify you of our decision.

No refunds will be provided for paid features already purchased, except as required by applicable law or as described in Section 12.5.

2.6 Prohibited interference

You agree not to engage in activity that interferes with, disrupts, or impairs other users' access to the Services, or that compromises the safety, security, or integrity of our systems, networks, or infrastructure. Prohibited activity includes unauthorized access, hacking, denial-of-service attacks, introduction of malware, credential stuffing, automated scraping, and circumvention of rate limits or access controls.

3. Connected Data Sources

Certain features of the Services work better, or only work, when you connect an external data source. Connecting a source is always your choice, is always initiated by you, and can always be undone.

3.1 Sources you can connect

At the date of these Terms, rthms supports connecting:

Not every source is available in every release or in every region.

3.2 What connecting means

When you connect a source, you authorize rthms to access the categories of data described at the time of connection and in the Privacy Policy, and to derive habit tags, scores, insights, and recommendations from that data.

We cannot move money. A Plaid connection is read-only. rthms cannot initiate transfers, make payments, or change anything in your financial accounts. Your financial institution credentials are provided to Plaid and are never received or stored by rthms.

We do not diagnose. Health and wearable data is used to describe patterns in your own activity. It is not a medical assessment, and nothing in the Services is medical advice. See Section 13.

3.3 Your authority to connect

You represent and warrant that you have the legal right to grant access to every data source you connect, that any data obtained from a third-party source has been acquired with all necessary consents, and that granting us access does not violate any agreement or law governing that source.

3.4 Disconnecting

You may disconnect any source at any time from Settings. Disconnecting stops future collection from that source, revokes our access with that provider where the provider supports revocation, and deletes the data we obtained from it, as described in the Privacy Policy. Habit tags already awarded may persist unless you remove them, because a tag is our derived observation rather than the source data itself.

3.5 Third-party terms

Each connected source is operated by a third party under its own terms and privacy policy. Your relationship with that provider is between you and them. We are not responsible for a provider's availability, accuracy, or acts. Where a provider requires that specific terms flow through to you, those terms apply in addition to these Terms.

4. Content on rthms

The Services include several categories of content.

Your Content is anything you upload, post, transmit, share, or otherwise provide through the Services, including profile information, photographs, videos, posts, comments, messages, circles and events you create, and any other submission. You retain ownership of Your Content, subject to the license in Section 4.2.

Member Content is content provided by other users. It is owned by those users. We do not endorse it, do not guarantee its accuracy, and do not assume responsibility for it.

rthms Content is everything owned or controlled by us or our licensors, including the Services themselves, software, designs, interfaces, trademarks, logos, databases, algorithms, habit tag definitions, scoring methodology, and generated recommendations.

4.1 Your responsibility for Your Content

You are solely responsible for Your Content, including its accuracy, legality, and appropriateness. You represent and warrant that:

1. You own or have obtained all rights, licenses, consents, and permissions necessary to post Your Content and to grant the license below;

2. Your Content does not infringe, misappropriate, or violate any third-party right, including intellectual property, privacy, or publicity rights; and

3. Your Content complies with all applicable laws and with Section 5.

You agree to indemnify and hold us harmless from any claim arising out of Your Content, as further set out in Section 14.

4.2 License you grant in Your Content

By providing Your Content, you grant Rthms and our affiliates, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to host, store, use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit Your Content, for the purposes of:

1. Providing and operating the Services;

2. Improving the Services, including improving our own habit tag models, scoring, and recommendation systems;

3. Conducting research and analytics on anonymized or aggregated data;

4. Promoting and marketing the Services, subject to Section 4.3;

5. Complying with legal obligations and resolving disputes; and

6. Taking protective action on your behalf, such as issuing takedown notices.

This license survives termination of your account to the extent necessary for the purposes above and for content that remains on the Services because other members interacted with it.

We do not sell Your Content to third parties to train their AI models. Section 8 describes the limited circumstances in which content is transmitted to a third-party AI provider in order to deliver a feature you are using, and the contractual restrictions that apply to it.

4.3 Marketing use of Your Content

We will not use your photographs, your name, or the content of your private messages in external advertising or marketing without your separate, specific consent.

4.4 Private or sensitive content

Sharing content online carries risk. Your Content may be visible to other members and, depending on your settings, more broadly. We cannot prevent others from viewing, copying, screenshotting, or re-sharing what you post, and we have no liability for those acts by third parties.

You may not post private or sensitive information belonging to another person without their explicit consent, including financial information, medical records, government-issued identification numbers, precise home address, or other confidential data.

4.5 Member Content

You are granted a limited, non-exclusive, non-transferable, revocable license to view and use Member Content solely for your personal, non-commercial use of the Services. You may not:

1. Harass, bully, stalk, intimidate, or threaten another member;

2. Use Member Content for commercial purposes, including advertising or solicitation;

3. Collect, scrape, aggregate, or data-mine Member Content or member personal data by any means, automated or manual;

4. Distribute, reproduce, modify, or publicly display Member Content outside the Services; or

5. Use Member Content in any way that violates another person's privacy or publicity rights.

4.6 rthms Content

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use rthms Content solely for your personal, non-commercial use of the Services. You may not copy, modify, distribute, reverse engineer, decompile, or create derivative works from rthms Content; remove proprietary notices; use it for competitive analysis or to build a competing product; or circumvent any security or access control. All rights not expressly granted are reserved.

5. Acceptable Use

These rules apply to everything you do on rthms. They are part of these Terms.

5.1 Prohibited content

You may not upload, post, transmit, or share content that:

• Is sexually explicit or pornographic, or that facilitates prostitution, sexual services, human trafficking, or exploitation;

• Sexualizes, endangers, or depicts a minor, in any form;

• Is defamatory, harassing, discriminatory, or hateful, including content attacking a person or group on the basis of race, ethnicity, national origin, religion, disability, age, sex, gender identity, or sexual orientation;

• Depicts or glorifies violence, self-harm, suicide, or eating disorders, or depicts people or animals being killed, maimed, tortured, or abused;

• Promotes or facilitates illegal activity, including the sale of drugs, weapons, or stolen goods;

• Is fraudulent, deceptive, or a scam, including romance scams, investment solicitations, and phishing;

• Infringes another person's intellectual property rights;

• Contains another person's private information without their consent; or

• Contains malware, or links intended to compromise a device or account.

5.2 Prohibited conduct

You may not:

• Impersonate any person or organization, or misrepresent your age, identity, or affiliation;

• Create an account for anyone other than yourself, or maintain multiple accounts to evade enforcement;

• Use the Services for commercial solicitation, advertising, recruitment, multi-level marketing, or political campaigning;

• Solicit money, financial information, or credentials from other members;

• Use bots, scrapers, or automated means to access the Services or collect data from them;

• Reverse engineer the habit tag system or attempt to manipulate scores, tags, verification, or recommendations through false submissions;

• Interfere with another member's use of the Services; or

• Encourage or enable anyone else to do any of the above.

5.3 Reporting and enforcement

Members can report content, accounts, and messages from within the app, and can block other members at any time. We review reports and may remove content, restrict features, suspend an account, or terminate an account. Certain content, including photographs posted publicly, is screened automatically before it appears, but automated screening is not perfect and we do not pre-screen all content. We may also report unlawful activity to law enforcement.

We are not obligated to monitor content, and our right to remove content does not create a duty to do so.

6. Safety

rthms connects people, and some of what it recommends happens in person. Please read this section.

6.1 We do not verify members

We do not conduct criminal background checks, credit checks, identity verification, or any other background screening on members, except where required by law. Habit tag "verification" in the app confirms that an activity appears to have occurred; it does not verify a person's identity, character, or safety.

6.2 Meeting in person

You are solely responsible for your interactions with other members. If you choose to meet someone in person, whether through a Circle, an event, a Path, or a message:

• Meet in a public place the first time;

• Tell someone you trust where you are going and when you expect to return;

• Arrange your own transport, and keep control of how you get home;

• Do not share your home address, financial information, or identification documents;

• Never send money to someone you met on rthms; and

• Leave any situation that feels wrong, without explanation or apology.

6.3 Events and gatherings

Events listed in rthms include events created by members and events sourced from third parties. We do not organize, host, inspect, insure, or supervise events, including events that appear in a recommendation or in an AI-generated Path. Attendance is at your own risk, and any agreement about admission, payment, or conduct at a third-party event is between you and the organizer or venue.

6.4 Emergencies

rthms is not an emergency service. If you are in danger, contact your local emergency number. If you are in crisis in the United States, you can reach the 988 Suicide and Crisis Lifeline by calling or texting 988.

6.5 Reporting harm

Report unsafe behavior in the app, or write to support@rthmsapp.com. Reports involving imminent risk of harm are prioritized.

7. Circles, Events, Paths, and Tickets

7.1 Circles

A Circle is a group of members. The member who creates a Circle controls its membership and settings. Content you post in a Circle is visible to that Circle's members and may remain visible if you leave.

7.2 Member-created events

You may create an event and invite others. If you create an event, you are the organizer. You are responsible for the event's accuracy, for its lawfulness, for any permits or permissions it requires, and for the safety of what you organize. You must not use rthms events to sell goods or services, to charge admission through any channel we do not provide, or to collect payments from attendees.

7.3 Tickets and check-in

Some events issue a ticket to each attendee, presented as a QR code. A ticket confirms that you signed up through rthms. It is personal to you, is not transferable unless the organizer permits it, and has no cash value. Scanning a ticket at an event records that the ticket was presented. We may invalidate a ticket if we believe it was obtained or used in breach of these Terms.

rthms is not a ticketing agent and does not process admission payments for third-party events.

7.4 Paths

A Path is a suggested sequence of places and times. Paths are suggestions. Opening hours, availability, pricing, capacity, and accessibility change, and we do not guarantee that any place on a Path will be open, available, or suitable. Confirm details with the venue before you rely on them.

7.5 Third-party place and event information

Information about places and events, including names, addresses, hours, photographs, and descriptions, comes in part from third-party sources and may be incomplete, out of date, or wrong. We do not endorse any place or event that appears in the Services.

8. AI Features and Third-Party AI Processing

8.1 Which features use AI

Artificial intelligence is used to power rthms AI, the in-app assistant that answers questions and plans Paths; to write the insights and category summaries you read; to read a receipt or classify a photograph when you verify a habit tag; to sort merchant names from a linked financial account into spending categories; and to write the daily picks.

8.2 Who processes the data

All AI processing carried out by rthms uses the Google Gemini API, operated by Google LLC, acting as our service provider under contractual terms consistent with our Privacy Policy. rthms does not send your personal information to any other AI provider.

8.3 What is sent, and what is not

Section 6 of the Privacy Policy sets out, feature by feature, exactly what is transmitted. In summary, what is sent includes your messages to the assistant, your first name, your city, your habit tags, titles of your events, places, Paths and Circles, facts you have asked the assistant to remember, weekly summaries of your activity, merchant names from a linked financial account, and any photograph you submit to verify a habit tag.

What is never sent includes your surname, username, email address, phone number, password, transaction amounts, account balances or numbers, individual health samples, messages you exchange with other members, and the names of other members.

On the paid tier of the Gemini API, which is the tier we operate, Google does not use this data to train its models and retains it for a limited period for abuse monitoring only.

8.4 Your consent

Before rthms AI processes your first message we ask for your explicit consent and show you what will be sent. You may withdraw that consent at any time in Settings, which stops the assistant sending anything further. Other AI-assisted features form part of the features they belong to; if you do not want a photograph processed, do not submit one for verification.

8.5 Connecting rthms to an external AI assistant

rthms offers a connector that lets you authorize an external AI assistant, such as Claude or ChatGPT, to read your rthms data and answer questions with it. This runs in the opposite direction from Section 8.2: you are permitting a third-party product to retrieve data from your account.

If you connect one, it can retrieve your display name, your profile photograph, your home area to a precision of roughly one kilometre, your habit tags, and recommendations. One feature can return the first names and shared interests of up to three other members. You choose which permissions to grant and you can revoke the connection at any time. Once your data reaches that assistant it is governed by that company's terms and privacy policy, not ours, and we are not responsible for what it does with it.

8.6 AI output is not advice, and may be wrong

AI-generated insights, summaries, recommendations, Paths, conversation starters, and assistant replies are provided for informational purposes only. They do not constitute medical, health, mental health, nutritional, fitness, financial, investment, tax, legal, or psychological advice. We do not guarantee their accuracy, completeness, or reliability. Do not rely on them as a substitute for professional judgment. Your use of AI features is at your own risk.

8.7 Acceptable use of AI features

You may not use rthms AI to generate content that violates Section 5, to attempt to extract another member's personal information, to probe or manipulate the underlying model or its instructions, or to produce output for training a competing system.

9. Privacy

Your privacy is governed by the Privacy Policy, which is incorporated into these Terms. By using the Services you acknowledge that we process your information as described there.

9.1 Consent to process your data

By creating an account and using the Services, you consent to rthms accessing, collecting, storing, processing, and using your personal data, including sensitive categories such as health data, precise location, and financial transaction metadata, for the purposes of providing, operating, maintaining, and improving the Services.

9.2 Withdrawing consent

You may withdraw consent by disconnecting the relevant data source, by turning off the relevant feature where the app provides that control, or by deleting your account. Withdrawal does not affect the lawfulness of processing carried out before withdrawal, and it may limit or prevent your continued use of some or all of the Services.

9.3 Sharing with other members and third parties

The Services let you share information with other members through profiles, posts, Circles, events, and messages. Anything you choose to share is shared at your discretion and at your risk. We do not control how other members use information you give them. Section 5 of the Privacy Policy describes the third parties with whom we share information and why.

9.4 Reporting violations

If we determine that your use of the Services violates these Terms or applicable law, or poses a risk to others, we may notify affected parties, including other members, law enforcement, and regulators, and may provide relevant information to them.

10. Communications

10.1 What we send

By creating an account you consent to receive electronic communications from us, including email, SMS or MMS text messages, push notifications, and in-app messages. These include transactional and service messages such as account verification, security alerts, and notices about changes to the Services, and, subject to your preferences, promotional messages.

Message and data rates may apply to text messages. Message frequency varies.

10.2 Opting out

• Email. Use the unsubscribe link in any promotional email, or change your preferences in Settings. Transactional and service emails cannot be opted out of while you hold an account.

• Text messages. Reply STOP to any message, or change your preferences in Settings. Reply HELP for help.

• Push notifications. Turn them off in Settings or in your device's notification settings.

For requests you cannot complete in the app, write to support@rthmsapp.com. We will process opt-out requests promptly, typically within 10 business days.

10.3 Advertising and third-party content

The Services may contain links to third-party websites, services, and content. We are not responsible for them, and your interactions with them are at your own risk and governed by their terms.

11. Feedback

We welcome feedback, complaints, questions, and suggestions at support@rthmsapp.com or by mail to Rthms, Inc., 24662 Del Prado Avenue #1A, Dana Point, CA 92629, Attn: Customer Support. By providing feedback you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use it for any purpose without compensation or acknowledgment.

12. Purchases and Subscriptions

12.1 In-app purchases

Certain features require payment. Purchases made in the iOS app are processed by Apple through the App Store. We do not receive or store your full payment card number. Purchase and receipt information, including a pseudonymous identifier used to associate a purchase with your account, is processed on our behalf by our subscription management provider as described in the Privacy Policy.

By making a purchase, you authorize the charge, including applicable taxes, to your selected payment method, and you agree to the terms of the applicable app store.

12.2 Subscriptions

12.2.1 Automatic renewal. Subscriptions are billed in advance on a recurring basis at the price disclosed at purchase. Your subscription automatically renews at the end of each billing period for a further period of the same length, at the then-current price, unless you cancel before the renewal date. The length, price, and cancellation method are disclosed before you buy and in your confirmation.

12.2.2 Cancellation. Cancel at any time through your Apple ID subscription settings. Cancellation takes effect at the end of the current billing period; you keep access until then. Cancelling does not produce a pro-rated refund of the current period except where required by law. Cancelling a subscription does not delete your account, and deleting the app does not cancel your subscription.

12.2.3 Price changes. If we change the price of a subscription, we will give you notice before the change takes effect and, where required by law, obtain your consent. If you do not accept the new price, cancel before the next renewal.

12.3 Free trials

We may offer free trials. Unless you cancel before the trial ends, the trial converts automatically to a paid subscription and billing begins. Trial length and the subsequent price are disclosed before you enroll. Deleting the app or ceasing to use the Services does not cancel a trial.

12.4 Taxes

Prices are exclusive of applicable taxes unless stated otherwise. You are responsible for all taxes associated with your purchases. We may calculate, collect, and remit taxes where required.

12.5 Refunds

Purchases are final and non-refundable except as required by applicable law or as set out in Section 21.1. Because purchases are processed by Apple, refund requests are handled by Apple under its own policies. We can raise a request on your behalf but cannot compel a refund.

13. Disclaimers

No professional advice. rthms produces scores, habit tags, insights, and recommendations that describe patterns in your own activity. They are for informational purposes only. They are not medical, health, mental health, nutritional, fitness, financial, investment, tax, legal, or psychological advice, and they are not a diagnosis. Do not use rthms to diagnose or treat any condition. Consult a qualified professional before making decisions about your health or finances. If you have a medical concern, contact a clinician.

No guarantee of accuracy. Data from connected sources, third-party places and events, and derived tags and scores may be incomplete, delayed, or wrong.

THE SERVICES, RTHMS CONTENT, AND MEMBER CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, AND AVAILABILITY. WE DISCLAIM ALL SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE ASSUME NO RESPONSIBILITY FOR THE CONDUCT OF OTHER MEMBERS, WHETHER ONLINE OR OFFLINE. WE DO NOT VERIFY THE IDENTITY, BACKGROUND, OR QUALIFICATIONS OF ANY MEMBER. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS.

AI-GENERATED CONTENT IS PROVIDED WITHOUT WARRANTY OF ANY KIND. WE DO NOT GUARANTEE ITS ACCURACY, COMPLETENESS, OR USEFULNESS.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

14. Limitation of Liability and Indemnity

14.1 Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RTHMS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (THE "RTHMS ENTITIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT ANY RTHMS ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT ANY OF THE FOREGOING MAY NOT BE ENFORCEABLE, THE AGGREGATE LIABILITY OF THE RTHMS ENTITIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD, OR FOR ANY OTHER LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT TO BE LIMITED.

These limitations allocate risk between you and the RTHMS Entities and form an essential basis of the bargain.

14.2 Indemnity

You agree to indemnify, defend, and hold harmless the RTHMS Entities from any claims, demands, actions, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to: (i) your use or misuse of the Services; (ii) Your Content; (iii) your violation of these Terms or applicable law; (iv) your interactions with other members or third parties, including in person; or (v) any event you organize. We may assume exclusive defense and control of any such claim at your expense, and you will cooperate with us. You have no obligation to indemnify us to the extent a claim arises from our own fraud or willful misconduct.

15. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PURSUE CLAIMS ON A CLASS BASIS.

15.1 Agreement to arbitrate

You and Rthms agree that any dispute, claim, or controversy between you and Rthms arising out of or relating to these Terms, the Services, your account, any content, our privacy practices, or any other aspect of your relationship with Rthms ("Disputes") will be resolved by binding individual arbitration rather than in court, except as provided below. Arbitration does not involve a judge or jury, discovery is more limited than in court, and review of an award is limited.

15.2 Exceptions

Notwithstanding Section 15.1: (a) either party may bring an individual action in small claims court for a Dispute within that court's jurisdiction; (b) either party may seek injunctive or equitable relief in court for infringement or misuse of intellectual property rights; and (c) nothing prevents you from reporting a matter to a government agency or from pursuing a claim that applicable law provides cannot be arbitrated.

15.3 Scope

This Arbitration Agreement applies to all Disputes, including claims in contract, tort, statute, fraud, misrepresentation, privacy, and data security, whether arising before or after the effective date of these Terms, and to Disputes about the formation, validity, enforceability, or scope of this Arbitration Agreement, which the arbitrator will decide.

15.4 Notice of Dispute

Before initiating arbitration you must send a written Notice of Dispute at least 45 days in advance, by certified mail to: Rthms Legal Department, 24662 Del Prado Avenue #1A, Dana Point, CA 92629, Attn: Dispute Resolution. It must include your name, mailing address, email address, account information, a detailed description of the Dispute, the specific relief sought, and your signature. We may give you notice through the Services, by email to the address on your account, or by certified mail.

15.5 Informal resolution

After a Notice of Dispute, the parties will engage in good-faith informal resolution, beginning within 60 days and conducted by telephone, video, or in person. Discussions are confidential and inadmissible in later proceedings except to enforce this provision. Completing this process is a prerequisite to filing arbitration. If the Dispute is unresolved after 60 days, or a longer period agreed in writing, either party may proceed.

15.6 Initiating arbitration and rules

Arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures, or its Streamlined Rules where the Dispute involves $250,000 or less, as modified by these Terms and subject to the JAMS Consumer Arbitration Minimum Standards. In the event of conflict, these Terms prevail to the extent permitted by those Standards. Arbitration will be conducted in English by a single neutral arbitrator selected under JAMS rules. The seat is Orange County, California, unless the parties agree otherwise, and hearings may be held by telephone or video. If you are a consumer, you may elect to have the hearing conducted in the county of your residence.

15.7 Fees

The initiating party pays the initial filing fee. If you initiate, your share of fees and costs, excluding your own attorneys' fees, will not exceed the consumer fee cap under the JAMS Consumer Arbitration Minimum Standards, and Rthms will pay all remaining administrative and arbitrator fees. Fees may be waived for hardship as determined by JAMS. The arbitrator may allocate fees and costs as permitted by applicable law.

15.8 Arbitrator authority

The arbitrator has exclusive authority to resolve all issues, including arbitrability, and may award any relief available under applicable law in an individual action, but must follow these Terms as a court would.

15.9 Waiver of jury trial

YOU AND RTHMS EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE SUBJECT TO THIS ARBITRATION AGREEMENT.

15.10 No class arbitration

Disputes must be brought individually. There will be no class, collective, consolidated, or representative arbitration. This does not preclude participation in batch or bellwether procedures under Section 15.11.

15.11 Mass arbitrations

If 20 or more similar demands are filed against Rthms at one time by the same or coordinated counsel, the parties will cooperate to batch claims into groups of no more than 10; up to three bellwether cases per batch will be arbitrated, with results serving as non-binding guidance; the parties may engage in global mediation through JAMS; and remaining cases may proceed in batches, with Rthms paying administrative fees beyond the consumer cap.

15.12 Offers of judgment

At least 10 days before a hearing, either party may serve a written offer to allow judgment on specified terms. If the award is less favorable to the offeree than the offer, the offeree must pay the offeror's post-offer costs, including attorneys' fees, to the extent permitted by applicable law.

15.13 Opt-out

You may opt out of this Arbitration Agreement within 31 days after first becoming subject to these Terms. Send written notice by certified mail to Rthms Legal Department, 24662 Del Prado Avenue #1A, Dana Point, CA 92629, Attn: Arbitration Opt-Out, or by email to optout@rthmsapp.com with "Arbitration Opt-Out" in the subject line. Include your name, address, email, account information, and a clear statement that you wish to opt out. Opting out does not affect any other part of these Terms. If you opt out, Disputes will be resolved in the state or federal courts located in Orange County, California.

15.14 Severability and survival

If any portion of this Arbitration Agreement is unenforceable, that portion is severed and the remainder stays in effect, except that if the class arbitration waiver is invalidated, the Dispute will proceed in court. This Arbitration Agreement survives termination of your account.

16. Copyright Infringement

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512, and terminate the accounts of repeat infringers.

16.1 Submitting a notice

Send a written notice to our designated agent containing: identification of the copyrighted work; identification of the allegedly infringing material and its location in the Services; your name, address, telephone number, and email address; a statement of your good-faith belief that the use is not authorized; a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature.

Designated agent: copyright@rthmsapp.com, or Rthms Copyright Agent, 24662 Del Prado Avenue #1A, Dana Point, CA 92629, Attn: Legal Department.

Incomplete notices may not be processed. On receipt of a valid notice we will expeditiously remove or disable the material and notify the member who posted it.

16.2 Counter-notification

If you believe material was removed by mistake, you may send a counter-notification containing: identification of the material and its prior location; your contact information; a statement under penalty of perjury of your good-faith belief that the removal was a mistake; a statement consenting to the jurisdiction of the federal court for your district and accepting service from the complainant; and your signature. We may restore the material unless the complainant notifies us of a court action.

Filing a false notice or counter-notification may result in liability for damages under the DMCA.

17. Third-Party App Stores

If you obtain the app from a third-party app store such as the Apple App Store, your use is also subject to that store's terms, which prevail over these Terms on matters of distribution and licensing.

You acknowledge that: these Terms are between you and Rthms, not Apple; Rthms alone is responsible for the app and its content; Apple has no obligation to provide maintenance or support; if the app fails to conform to a warranty, you may notify Apple and Apple may refund the purchase price, and Apple has no other warranty obligation; Rthms, not Apple, is responsible for claims relating to the app, including product liability, regulatory conformity, and consumer protection claims; Rthms, not Apple, is responsible for third-party intellectual property infringement claims relating to the app; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

You represent that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that you are not on any U.S. Government list of prohibited or restricted parties. Your license to use the app is limited to devices you own or control, as permitted by the applicable usage rules.

Questions about the app obtained from an app store may be directed to support@rthmsapp.com.

18. Termination

18.1 Term. These Terms take effect when you create an account or first use the Services and continue until terminated.

18.2 Termination by you. Delete your account from Settings, as described in Section 2.4. Cancel any subscription separately, as described in Section 12.2.2.

18.3 Termination by us. We may terminate these Terms or suspend or restrict your account at any time, with or without notice, for the reasons described in Section 2.5 or where required by law.

18.4 Effect of termination. All rights granted to you cease and you must stop using the Services. Termination does not relieve you of obligations incurred before it, including outstanding fees.

18.5 Your data after termination. On deletion, your login credentials are removed, most data obtained from connected sources is deleted, and your profile record is anonymized rather than deleted so that interactions involving other members remain coherent. Content you posted may remain on the Services in an anonymized form. Some records are retained where necessary for legal compliance, security, fraud prevention, dispute resolution, or backups. The Privacy Policy sets out the detail, and you may ask us to delete specific retained records by writing to support@rthmsapp.com.

18.6 Survival. The following survive termination: Section 4.2 (license in Your Content, to the extent stated), Section 4.6 (rthms Content), Section 13 (Disclaimers), Section 14 (Limitation of Liability and Indemnity), Section 15 (Dispute Resolution), Section 12 (to the extent amounts remain due), and any other provision that by its nature should survive.

19. Changes to These Terms

We may modify these Terms at any time. Changes take effect when posted unless a later date is stated. For material changes that adversely affect your rights, we will give reasonable notice through the Services, by email, or by a prominent notice, and where required by law we will obtain your consent. Your continued use after the effective date constitutes acceptance. If you do not agree, stop using the Services and delete your account.

20. General

20.1 Entire agreement. These Terms and the documents incorporated by reference are the entire agreement between you and Rthms regarding the Services and supersede all prior understandings on the subject.

20.2 Electronic contracting. You consent to the use of electronic signatures, contracts, records, and communications under the E-SIGN Act and applicable state law, and agree that your electronic action has the same effect as a physical signature.

20.3 Severability. If any provision is held invalid or unenforceable, it will be severed or modified to the minimum extent necessary, and the remainder stays in effect.

20.4 No waiver. No failure or delay in exercising a right operates as a waiver. Any waiver must be in writing and signed by an authorized representative of Rthms.

20.5 Export and sanctions. You represent that you are not located in a sanctioned country or region, are not on a U.S. Government restricted-party list, and are not otherwise prohibited from using the Services under export control or anti-money laundering laws.

20.6 U.S. operation. The Services are operated from and hosted in the United States. Your personal data, including sensitive personal data, is processed and stored in the United States. By using the Services you consent to that transfer and processing, and understand that U.S. data protection law may differ from the law of your jurisdiction.

20.7 Third-party services. The Services include integrations with and links to third-party services. We do not control them, do not endorse them, and are not responsible for them. Your use of them is governed by their own terms and privacy policies.

20.8 Assignment. You may not assign these Terms without our prior written consent, and any attempted assignment is void. Rthms may assign freely, including in connection with a merger, acquisition, or sale of assets.

20.9 Governing law and venue. These Terms are governed by the laws of the State of California, without regard to conflict of laws principles. Subject to Section 15, any action must be brought exclusively in the state or federal courts located in Orange County, California, and you consent to their jurisdiction and venue.

20.10 Force majeure. Neither party is liable for a failure to perform caused by events beyond its reasonable control.

21. State-Specific Disclosures

21.1 California residents

Cancellation rights. You may cancel any paid subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date of the contract, excluding Sundays and holidays.

Death or disability. If you die before the end of your subscription period, your estate is entitled to a refund of the portion of any payment allocable to the period after your death. If you become disabled before the end of your subscription period, you are entitled to a refund of the portion allocable to the period after the disability, on notice to us in the manner described below.

To cancel or request a refund, contact support@rthmsapp.com or write to Rthms, Inc., 24662 Del Prado Avenue #1A, Dana Point, CA 92629, with your account details and an explanation of your request. We review eligible requests promptly, typically within 10 business days.

Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

22. Contact

Rthms, Inc.
24662 Del Prado Avenue #1A
Dana Point, CA 92629

• General support: support@rthmsapp.com

• Copyright: copyright@rthmsapp.com

• Arbitration opt-out: optout@rthmsapp.com