Terms Of Use

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

Last updated and effective: 09/08/15

Please read these Terms of Use (“Terms”) carefully. By accessing or using the Rthms mobile application and related services, you agree to be bound by these Terms, Acceptable Use Policy, and Safety Guidelines. 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 class action waiver in Section 10. 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 10.

Please also be aware that if you subscribe to paid subscription services for a term (the “Initial Term”), then the terms of your subscription will be automatically renewed for additional periods of the same duration as the Initial Term at Rthms’ then-current fee for such services, unless you cancel your subscription in accordance with Section 5 below.

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," "Company," "we," "us," or "our"), governing your access to and use of the Rthms mobile application and related services (collectively, the "Services").

The Services facilitate social networking and dating by matching users based on lifestyle compatibility, utilizing data provided by you, generated through your use of the Services (such as geolocation data), and integrated from third-party sources, including health and biometric data via integrations like Apple HealthKit and financial information via providers like Plaid.

These Terms incorporate by reference the following policies and guidelines, which are integral to your agreement with us (click on the applicable link to review):

Privacy Policy: Describes how we collect, use, disclose, and protect your personal information and your rights under applicable privacy laws.
Consumer Health Data Privacy Notice: Details our practices regarding the collection, use, and sharing of consumer health data, in compliance with applicable health privacy laws.
Acceptable Use Policy: Outlines prohibited conduct and content on the Services.
Safety Guidelines & Measures: Provides recommendations for safe interactions on and off the platform, as well as some of our safety measures.

We may update these Terms at any time. Your continued use of the Services after any changes constitutes your acceptance of the updated Terms. For material changes affecting your rights, such as modifications to the Limitation of Liability (Section 8) or Dispute Resolution (Section 10), we may require your affirmative consent. You are responsible for reviewing these Terms periodically.

The Services are provided on a freemium basis, with optional in-app purchases and subscriptions for premium features. Purchases are governed by Section 5 and the terms of the applicable app store (e.g., Apple App Store or Google Play Store).

Accounts
1. Eligibility. To use the Services, you must create an account. To create an account, you must meet the following eligibility requirements. 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, or from any other service provided by us, 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, regulations, and governmental requirements.

If you do not meet these eligibility requirements, you are not authorized to create an account or use the Services. We reserve the right to refuse or revoke access to the Services at any time if we determine, in our sole discretion, that you fail to satisfy these requirements. The Services are not intended for use by individuals under 18 years of age. We may, in our sole discretion and in accordance with applicable law, conduct age estimation and/or verification processes for any user to confirm compliance with these eligibility requirements. We may also monitor for underage or non-permitted use and reserve the right to suspend or terminate your account if we have reason to believe you are not eligible to have an account.

Account Creation. You may create an account by providing access credentials manually, such as through registration with an email address and password, or by using third-party login services (e.g., social media or other authentication providers) that we may make available. If you choose to create an account using a third-party login service, you authorize us to access, use, and store the personal information provided by such third-party service in accordance with its terms and your privacy settings with that service. By using a third-party login, you grant us permission to collect, process, display, and otherwise utilize the information made available by the third-party service, including but not limited to your name, profile picture, email address, and other relevant data, solely for the purposes of providing and improving the Services, as described in these Terms and our Privacy Policy.
No Sharing of Accounts. Absent our express permission, you may not share your account with any other person or access another person’s account absent. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or suspected breach of your account.
Account Deletion. You may delete your account at any time by accessing the Settings page within the Services and following the instructions provided for account deletion. Upon initiating the deletion process, your account will be deleted immediately, and you will no longer have access to the Services through that account. Please note that while your account deletion is effective immediately, certain user-generated content associated with your account, such as messages, profiles, or other data, may not be deleted immediately and could remain visible to other users or stored in our systems for a period of time in accordance with our data retention policies, applicable laws, or for legitimate business purposes, including backups, fraud prevention, or dispute resolution. Once your account is deleted, it cannot be reactivated or restored. If you wish to use the Services again after deletion, you must create a new account, subject to these Terms and our eligibility requirements. We reserve the right to refuse the creation of a new account if you have previously violated these Terms or applicable laws.
Account Monitoring & Termination. We reserve the right to monitor, review, or investigate your account, any of your Content, or your activities in connection with your use of the Services at any time and without prior notice, for the purpose of identifying potential breaches of these Terms or applicable laws. We may, in our sole discretion, suspend, terminate, or restrict your account and access to the Services if we determine that your acts, content, or other behavior violates these Terms, our policies, or any applicable laws or regulations. Such actions may be taken without notice and without liability to you. Upon termination, all rights granted to you under these Terms will immediately cease, and you must discontinue all use of the Services. If your account is suspended or terminated, you may appeal the decision by contacting us within three months from the date of the suspension or termination. Appeals must be submitted in writing and include a detailed explanation of why you believe the action was taken in error. We will review your appeal in our sole discretion and notify you of our final decision, which shall be binding. In the event of suspension or termination, no refunds will be provided for any paid services or features that have already been purchased or subscribed to, regardless of any remaining term or unused portion.
Prohibited Interference. Without limiting any provisions in our Acceptable Use Policy or Safety Guidelines, you agree not to engage in any activities that interfere with, disrupt, or impair the access to or use of the Services by other users, or that compromise the safety, security, or integrity of our systems, networks, or infrastructure. Such prohibited activities include, but are not limited to, unauthorized access, hacking, denial-of-service attacks, introduction of malware or viruses, or any other actions that may overburden, damage, or otherwise adversely affect the functionality or availability of the Services.

Content on Rthms

The Services include various types of content that may be accessed, viewed, or interacted with by users. For the purposes of these Terms, the following categories of content are distinguished as follows:

Your Content: This refers to any content, materials, data, information, text, images, photographs, videos, audio, profiles, messages, communications, or other submissions that you upload, post, transmit, share, or otherwise provide through the Services. You retain ownership of Your Content, subject to the licenses and rights granted to us as set forth in these Terms.

Member Content: This encompasses content provided by other users of the Services, including but not limited to profiles, messages, images, videos, or other materials shared by such users. Member Content is owned by the respective users who provide it, and your access to or interaction with Member Content is subject to these Terms, our Privacy Policy, and applicable laws. We do not endorse, guarantee the accuracy of, or assume responsibility for any Member Content.

Rthms Content: This includes all content, features, functionalities, software, designs, trademarks, logos, interfaces, and other materials that are owned or controlled by us, our affiliates, or licensors, including the Services themselves. Rthms Content is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, revocable license to access and use Rthms Content solely for the purpose of using the Services in accordance with these Terms. You may not copy, modify, distribute, or otherwise exploit Rthms Content without our express written permission.

By using the Services, you acknowledge that the availability and display of content may vary based on user interactions, algorithmic processes, and our discretion, and that we reserve the right to remove or modify any content at any time without notice.

Prohibited Content. You must comply with our Acceptable Use Policy and Safety Guidelines, which provide detailed rules regarding content and conduct on the Services. Without limiting those policies, you agree not to upload, post, transmit, share, or otherwise provide any content that we deem objectionable, including but not limited to content that is offensive, insensitive, upsetting, intended to disgust, in exceptionally poor taste, or otherwise inappropriate. Examples of prohibited objectionable content include, but are not limited to:

Overtly sexual or pornographic material, or materials that may facilitate prostitution, human trafficking, or exploitation.
Content which is harmful to minors or depicts minors in sexual or sexually suggestive depictions.
Defamatory, discriminatory, or mean-spirited material, such as references or commentary targeting religion, race, sexual orientation, gender, national or ethnic origin, or other protected groups.
Realistic depictions of people or animals being killed, maimed, tortured, or abused, or any content that encourages violence.
Depictions or promotions that encourage the illegal or reckless use of weapons or dangerous objects, or that facilitate the purchase of firearms or ammunition.
Inflammatory commentary on religious matters or inaccurate or misleading quotations from religious texts.

While we do not assume any obligation to pre-screen Your Content or Member Content before it is provided to the Services, we reserve the right to remove any prohibited content and take enforcement actions, including suspension or termination of your account, in our sole discretion, as outlined in these Terms.

Your Content
1. Responsibility and Indemnification. You are solely responsible for Your Content, including its accuracy, legality, and appropriateness. Any content which violates these Terms may result in the removal of Your Content, suspension or termination of your account, or other enforcement actions as outlined in these Terms. You agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with Your Content, including but not limited to any third-party claims alleging infringement, defamation, privacy violations, or other harms.
2. Private or Sensitive Content. Providing Your Content online involves inherent risks. Use caution when sharing any information through the Services. Your Content may be visible to other users and, in some cases, to the public. We cannot prevent Your Content from being viewed, copied, downloaded, shared, or otherwise used by others without your permission, and we have no liability for such actions by third parties. You may choose to post your own private or sensitive personal information in public areas of the Services or in your profile; however, doing so carries potential risks, such as unauthorized access, misuse, or disclosure by third parties. Any personal information you choose to reveal to other users or include in your profile is done at your own risk, and we disclaim any liability for the consequences of such disclosures. However, you may not post, upload, or share any private or sensitive personal information or content belonging to others without their explicit consent, including but not limited to financial information, medical records, government-issued identification numbers, or other confidential data. Nothing in this subsection waives any obligations to comply with the other restrictions placed on content in these Terms.
3. Representations Regarding Your Content. By uploading, providing access to, or otherwise providing Your Content, you represent and warrant that: (i) you own or have obtained all necessary rights, licenses, consents, and permissions to post, share, and grant the rights to Your Content as described in these Terms; (ii) Your Content does not infringe, misappropriate, or violate any third-party rights, including intellectual property rights, privacy rights, publicity rights, or contractual rights; and (iii) Your Content complies with all applicable laws and regulations.
4. Rights Granted in Your Content. By providing Your Content, you grant us and our affiliates, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to access, host, store, use, copy, reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute, perform, display, analyze, and otherwise exploit Your Content in any form, media, or technology now known or later developed. This license includes, without limitation, the rights to: (i) provide and operate the Services; (ii) improve, enhance, and train our algorithms, models, and technologies, including for machine learning and artificial intelligence purposes; (iii) conduct research, analytics, and data aggregation (which may involve anonymized or aggregated data); (iv) promote and market the Services; (v) comply with legal obligations or resolve disputes; and (vi) take protective actions on your behalf, such as issuing takedown notices or other enforcement measures related to Your Content. This license survives the termination, suspension, or deletion of your account.

We may assign or sublicense the rights granted under this section to third parties as necessary for the purposes described herein. We have no obligation to store, maintain, or return Your Content, and we may delete or dispose of it at any time in our sole discretion. If you permit us to access your data (including personal data) for the purpose of providing the Services, you grant us the right to use such data to generate, create, or derive additional content pertaining to you, such as personalized recommendations or features, subject to our Privacy Policy and applicable laws.

Member Content.
1. Ownership. You acknowledge and agree that Member Content is owned by the respective users who provide it or their licensors, and is protected by applicable intellectual property laws, including copyright, trademark, privacy, and publicity rights. We do not claim ownership of Member Content, but by accessing or interacting with it through the Services, you are granted a limited, non-exclusive, non-transferable, revocable license to view and use Member Content solely for your personal, non-commercial social and networking purposes in connection with the Services, subject to these Terms, our Acceptable Use Policy, Safety Guidelines, and applicable laws.
2. Limitations. Your use of Member Content and any personal information of other users of the Services is strictly limited to personal social and networking activities within the Services, such as viewing profiles, sending messages, or engaging in interactions facilitated by the platform. You may not use Member Content or personal information for any other purpose without the express written consent of the content owner. This includes, but is not limited to, prohibitions against: (i) Harassment, bullying, stalking, intimidation, or threats directed at other users; (ii) Commercial exploitation, such as advertising, solicitation, or promotion of products, services, or business opportunities; (iii) Unauthorized collection, scraping, or aggregation of Member Content or personal data for any purpose, including data mining or automated processes; (iv) Distribution, reproduction, modification, or public display of Member Content outside the Services; (v) Use in a manner that violates privacy rights, publicity rights, or any other rights of the content owner or third parties; or (vi) Any illegal, fraudulent, or harmful activities.
3. Consequences of Violation. Violations of these provisions regarding Member Content may result in immediate enforcement actions, including but not limited to the removal of offending content, suspension or termination of your account, restriction of access to the Services, and reporting to appropriate authorities where required by law. We reserve the right to take such actions in our sole discretion, without prior notice or liability to you, as further detailed in the "Account Monitoring & Termination" section of these Terms.
Rthms Content
1. Rthms Content. For the purposes of these Terms, "Rthms Content" includes all content, features, functionalities, software, code, designs, graphics, user interfaces, trademarks, logos, service marks, databases, algorithms, data compilations, and other materials that are owned, controlled, or licensed by us, our affiliates, or our licensors, including but not limited to the Services themselves and any underlying systems or infrastructure, but excluding Your Content and Member Content.
2. Ownership. We, along with our affiliates and licensors, retain all right, title, and interest in and to the Rthms Content, including all intellectual property rights therein, such as copyrights, trademarks, patents, trade secrets, and other proprietary rights. The Rthms Content is protected under applicable intellectual property laws and international treaties. You acknowledge that nothing in these Terms grants you any ownership or proprietary rights in the Rthms Content beyond the limited license described below.
3. Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Rthms Content solely for your personal, non-commercial purposes in connection with the Services. This license is provided during the term of your account and terminates upon suspension, termination, or deletion of your account.
4. Restrictions. You agree not to, and will not permit others to: (i) Copy, reproduce, modify, adapt, translate, create derivative works from, distribute, publicly perform, publicly display, or otherwise exploit any portion of the Rthms Content without our prior written consent; (ii) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Rthms Content or Services; (iii) Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in or on the Rthms Content; (iv) Use the Rthms Content for any commercial purpose, including but not limited to developing competing products or services, or for benchmarking or competitive analysis; (v) Access or use the Rthms Content in any manner that violates applicable laws, infringes third-party rights, or interferes with the operation or security of the Services; or (vi) Circumvent, disable, or otherwise interfere with any security-related features or restrictions imposed on the Rthms Content.
5. Reservation of Rights. All rights not expressly granted to you in these Terms are reserved by us and our licensors.

Privacy. Your privacy is important to us. This section outlines how we handle your personal data in connection with the Services. For detailed information on our data collection, use, sharing, and protection practices, please refer to our Privacy Policy and Consumer Health Data Privacy Notice. By using the Services, you acknowledge that we will process your information as described in those policies.
1. Consent to Access and Use Personal Data. By creating an account and using the Services, you expressly consent to Rthms accessing, collecting, storing, processing, and using your personal data, including sensitive personal data such as financial account and transaction data, bank account information, purchasing history and trends, health data, and biometric data (collectively, "Personal Data"). This consent is granted for the purposes of providing, operating, maintaining, and improving the Services, including but not limited to facilitating matches and communications, and for the other purposes described in our Privacy Policy.
2. Rights to Use Your Personal Data. You represent and warrant that: (i) you have the legal right and authority to provide or grant access to all Personal Data you submit or authorize us to access through the Services; (ii) any Personal Data obtained from third-party sources (such as financial institutions, health providers or apps, or other data aggregators) has been acquired with all necessary consents, authorizations, and in compliance with applicable laws; and (iii) granting us access to such Personal Data does not violate any agreements, privacy rights, or regulations governing those third-party sources.
3. Notification and Reporting of Violations. If we determine, in our sole discretion, that your use of the Services violates these Terms, applicable laws, or poses a risk to others, we may notify relevant third parties, including but not limited to other users, law enforcement, regulatory bodies, or affected individuals. Such notifications may include details of the violation, your identity, and relevant User Information to enable appropriate action, such as investigations or protective measures. We have no obligation to provide you with prior notice of such disclosures unless required by law. You acknowledge that any sharing or reporting under this section is done without liability to you, and you waive any claims against us arising from such actions.
4. Revocation of Consent. The consent provided in this Section may be revoked at any time by deleting your account or contacting us as specified in our Privacy Policy; however, revocation will not affect the lawfulness of processing based on consent before its withdrawal, and it may limit or prevent your continued use of the Services.
5. Sharing of Personal Information with Members and Third Parties. The Services enable you to share personal information with other Members, such as through profiles, messages, or interactions. Any personal information you choose to share with other Members, including sensitive details, is done at your sole discretion and risk. We do not control how other Members use or disclose information you share with them, and we disclaim any liability for their actions. Additionally, certain features of the Services may involve sharing your personal information with third parties, such as service providers, partners, or authorities, as detailed in our Privacy Policy. Sharing personal information publicly (e.g., in profiles visible to non-Members) or with third parties carries inherent risks, including but not limited to unauthorized access, misuse, identity theft, harassment, or further dissemination without your control. We strongly recommend exercising caution and limiting the disclosure of sensitive information. Once shared, we cannot guarantee the deletion or prevention of further use of such information by recipients. We recommend reviewing our Safety Guidelines before sharing any information.
Purchases and Subscriptions.
1. Payment Terms. Certain features or services within the Services may require payment, including subscriptions, premium features, or other in-app purchases ("Purchases"). By making a Purchase, you agree to the following terms, in addition to any specific terms presented at the time of purchase.
  1. In-App Purchases. You may make Purchases directly within the Services through in-app purchasing mechanisms. These Purchases may include, but are not limited to, access to enhanced features, virtual items, or subscription-based services. All Purchases are final and non-refundable, except as required by applicable law or as otherwise specified in our refund policy, if any.
  2. Payment Methods. Payments for Purchases may be processed through the applicable app store provider (e.g., Apple App Store or Google Play Store) if you are using a mobile application, or directly via a payment card, bank account, or third-party payment service (e.g., Venmo or PayPal) where such options are made available. You must provide accurate and complete payment information and ensure that you are authorized to use the selected payment method.
  3. Third-Party Processing. All payments are processed by third-party payment processors or the app store provider, as applicable. We do not directly collect or store your payment card or account details. By making a Purchase, you agree to the terms and conditions of the relevant third-party processor or app store provider, including their privacy policies. We are not responsible for any errors, delays, or issues arising from the processing of payments by these third parties.
  4. Authorization to Charge. When you initiate a Purchase, you authorize us and our third-party processors to charge the applicable fees, including any taxes, to your designated payment method. For recurring Purchases (e.g., subscriptions), you authorize us to automatically charge your payment method on a recurring basis until you cancel the subscription in accordance with the instructions provided in the Services or by contacting us.
  5. Non-Processed Payments and Continuing Liability. If a payment cannot be processed due to insufficient funds, expired payment information, or any other reason, we may attempt to reprocess the payment using the same or an updated payment method provided by you. You remain liable for all amounts due, including any fees or charges incurred as a result of failed payments. We reserve the right to suspend or terminate your access to paid features or the Services until full payment is received. Unpaid amounts may accrue interest or late fees as permitted by applicable law, and we may pursue collection actions, including referral to collection agencies, at your expense.
2. Subscriptions. Certain features of the Services may be available through paid subscriptions ("Subscriptions"). By purchasing a Subscription, you agree to the following terms:
  1. Recurring Billing/Auto-Renewal. Subscriptions are billed on a recurring basis (e.g., monthly or annually) at the rate disclosed at the time of purchase, plus applicable taxes. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD FOR SUCCESSIVE PERIODS OF THE SAME DURATION, AT THE THEN-CURRENT RATE (WHICH MAY BE HIGHER THAN YOUR INITIAL RATE), UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE. We will provide clear disclosures of the auto-renewal terms, including the length of the Subscription, the price, and how to cancel, prior to your purchase and in any confirmation communications.
  2. Cancellation. To cancel your Subscription, you may do so at any time through your account settings or by contacting our customer support as specified in the Services. Cancellation or termination of a recurring Subscription means that the Subscription will not be renewed at the end of the current billing period. The cancellation will take effect at the end of the current billing period, and you will retain access to the subscribed features until that time. Cancellation does not result in a pro-rated refund of any prepaid fees for the remaining portion of the billing period, except as required by applicable law. Cancelling a Subscription does not result in the termination or deletion of your profile or account; you may continue to use the free features of the Services, subject to these Terms.
  3. Notice of Renewal. We may send you reminder notices via email or in-app notifications prior to each renewal, in accordance with applicable laws, informing you of the upcoming charge and providing instructions on how to cancel.
3. Free Trials. We may offer free trials for certain Subscriptions or features ("Free Trials"). Free Trials allow you to access paid features for a limited period without charge. At the end of the Free Trial period, your access will automatically convert to a paid Subscription and we will begin billing your designated payment method on a recurring basis, unless you cancel before the end of the Free Trial. The terms of the Free Trial, including its duration and the subsequent Subscription rate, will be clearly disclosed prior to enrollment. Deleting your account, uninstalling the app, or otherwise ceasing to use the Services does not automatically terminate a Free Trial or prevent conversion to a paid Subscription. You must affirmatively cancel the Free Trial through your account settings or by contacting customer support to avoid charges.
4. Refunds. All Purchases, including Subscriptions and in-app purchases, are final and non-refundable, except as required by applicable law or as otherwise specified in these Terms. Refunds are not provided for any unused portion of a Subscription or for dissatisfaction with the Services. Notwithstanding the foregoing, residents of certain jurisdictions may have additional refund rights.
5. Taxes. All fees for Purchases and Subscriptions are exclusive of applicable taxes, duties, or similar governmental assessments (collectively, "Taxes"), unless otherwise stated. You are responsible for paying all Taxes associated with your Purchases, based on the laws of your jurisdiction (e.g., sales tax, value-added tax (VAT), goods and services tax (GST), or similar). We may calculate, collect, and remit such Taxes on your behalf where required or permitted by law. If we are not required to collect Taxes, you agree to self-report and pay them directly to the appropriate taxing authority. We reserve the right to adjust fees to account for any changes in Taxes or our tax collection obligations.
Communications.
1. Communication Methods. By creating an account, you consent to receiving electronic communications from us, our affiliates, or third-party partners acting on our behalf. These communications may include, but are not limited to, emails, text messages (SMS/MMS), push notifications, in-app alerts, or other electronic methods related to the Services, such as account updates, transactional notices, security alerts, service announcements, administrative messages, and information about features or changes to the Services. Additionally, we may send you promotional offers, marketing materials, newsletters, surveys, or other information that we believe may be of interest to you, including advertisements or content from third parties. You may manage your preferences as described below. We may send communications to the email address, phone number, or other contact information associated with your account, and you agree to keep this information current and accurate.
2. Managing Preferences and Opting Out. You may accept or reject certain communications through the settings available in the App or on our website, where applicable. For example, you can enable or disable push notifications via your device settings or within the App. To opt out of specific types of communications:

Emails: You may unsubscribe from promotional emails by clicking the "unsubscribe" link provided in the email footer or by updating your preferences in your account settings. Transactional or service-related emails (e.g., account verification or password resets) cannot be opted out of, as they are necessary for the operation of the Services.
Text Messages: Reply "STOP" to any text message from us, or update your preferences in your account settings. Note that opting out of texts may limit certain features, such as two-factor authentication or urgent alerts.
Push Notifications: Disable push notifications through your device's notification settings or within the App.

For any opt-out requests or to manage preferences not available through the App, please contact us at support@rthms.com. We will process your request promptly, typically within 10 business days, in accordance with applicable laws. Opting out of promotional communications does not affect your receipt of essential service-related messages. If you opt out, we may still contact you for non-promotional purposes, such as legal notices or responses to your inquiries.

Advertisements and Third-Party Content. The Services may include ads and links to third-party sites or services. We are not responsible for such content, and your interactions are at your own risk. Third parties may collect data subject to their policies.

Disclaimer

WHILE WE IMPLEMENT SAFETY MEASURES AS DESCRIBED IN OUR SAFETY GUIDELINES, WE DO NOT GUARANTEE USER SAFETY OR VERIFY ALL INFORMATION.

THE SERVICES, RTHMS CONTENT, AND MEMBER CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR AVAILABILITY. WE, OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY Rthms CONTENT OR MEMBER CONTENT, INCLUDING BUT NOT LIMITED TO PROFILES, MESSAGES, OR OTHER USER-GENERATED MATERIALS. YOUR USE OF THE SERVICES AND RELIANCE ON ANY CONTENT THEREIN IS AT YOUR OWN RISK.

WE ASSUME NO RESPONSIBILITY FOR THE CONDUCT, ACTIONS, OR OMISSIONS OF OTHER USERS OF THE SERVICES. WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS, CREDIT CHECKS, OR ANY OTHER FORM OF BACKGROUND VERIFICATION ON OUR USERS, EXCEPT WHERE REQUIRED BY LAW. ACCORDINGLY, WE DO NOT VERIFY THE IDENTITY, BACKGROUND, OR QUALIFICATIONS OF ANY USER, AND WE DISCLAIM ANY LIABILITY ARISING FROM INTERACTIONS WITH OTHER USERS, WHETHER ONLINE OR OFFLINE. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND SHOULD EXERCISE CAUTION, COMMON SENSE, AND APPROPRIATE SAFETY MEASURES WHEN COMMUNICATING OR MEETING WITH INDIVIDUALS THROUGH THE SERVICES.

TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RTHMS , ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE "RTHMS ENTITIES") SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE SERVICES, RTHMS CONTENT, MEMBER CONTENT, YOUR CONTENT, OR ANY OTHER ASPECT OF YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY RTHMS ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT THAT ANY OF THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT BE WAIVED OR ARE OTHERWISE UNENFORCEABLE UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE Rthms ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

THE FOREGOING LIMITATIONS AND EXCLUSIONS ALLOCATE THE RISKS BETWEEN YOU AND THE RTHMS ENTITIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THESE PROVISIONS SHALL APPLY EVEN IF ANY LIMITED OR EXCLUSIVE REMEDY SPECIFIED IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THE REMEDIES SET FORTH IN THESE TERMS ARE EXCLUSIVE AND REPRESENT YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY CLAIMS RELATED TO THE SERVICES OR THESE TERMS.

Indemnity. You agree to indemnify, defend, and hold harmless Rthms, its affiliates, officers, directors, employees, agents, successors, and assigns (collectively, the "Rthms Indemnitees") from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (i) your access to, use of, or misuse of the Services; (ii) Your Content, including any infringement, misappropriation, or violation of third-party rights; (iii) your violation of these Terms, our Acceptable Use Policy, Safety Guidelines, or any applicable laws or regulations; (iv) your interactions with other users or third parties through the Services; (v) any disputes or issues between you and other users or third parties; or (vi) any other acts or omissions attributable to you.

In the event of any claim subject to indemnification under this section, the Rthms Indemnitees reserve the right, at their sole discretion and at your expense, to assume the exclusive defense and control of such claim, including the right to settle, compromise, or otherwise resolve the claim without your consent, provided that any such settlement does not impose ongoing obligations on you beyond your indemnification duties hereunder.

Notwithstanding the foregoing, you shall have no obligation to indemnify the Rthms Indemnitees to the extent that any claim arises solely from Rthms' unconscionable or fraudulent activities.

Dispute Resolution.

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 OR REPRESENTATIVE BASIS. THIS SECTION IS REFERRED TO AS THE “ARBITRATION AGREEMENT.”

Agreement to Dispute Resolution and Arbitration. You and Rthms agree that any dispute, claim, or controversy between you and Rthms (including its affiliates, officers, directors, employees, agents, successors, and assigns) arising out of or relating to these Terms, the Services, your account, Your Content, Member Content, Rthms Content, privacy practices, or any other aspect of your relationship with Rthms (collectively, "Disputes") will be resolved through binding arbitration rather than in court, except as otherwise provided herein.

Arbitration is a private dispute resolution process where a neutral third party (the arbitrator) hears the Dispute and issues a final, binding decision called an award. Arbitration does not involve a judge or jury, and court review of an arbitration award is limited. Discovery and other procedural rights may be more restricted than in court, and the arbitrator's authority to award relief may be subject to limitations under applicable law. By agreeing to arbitration, you waive your right to a jury trial and to participate in class actions, except as expressly permitted below.

Applicability of the Section to Disputes. This Arbitration Agreement applies broadly to all Disputes, including but not limited to claims based on contract, tort, statute, fraud, misrepresentation, privacy, data security, or any other legal theory, whether arising before or after the effective date of these Terms. It also applies to Disputes regarding the formation, validity, enforceability, scope, or applicability of this Arbitration Agreement (which shall be decided by the arbitrator).
Notice of Dispute. If you have a Dispute with Rthms, you must first send a written notice ("Notice of Dispute") at least 45 days before initiating arbitration. The Notice of Dispute must be sent by certified mail to: Rthms Legal Department, [Insert Mailing Address], Attn: Dispute Resolution. It must include: (a) your name, mailing address, email address, and account information (if applicable); (b) a detailed description of the Dispute, including relevant facts and documents; (c) the specific relief sought; and (d) your signature. Rthms may provide notice to you via the Services, email to the address associated with your account, or certified mail to your last known address. Failure to provide a proper Notice of Dispute will bar initiation of arbitration.
Informal Dispute Resolution (Meet and Confer). After receipt of a Notice of Dispute, the parties agree to engage in a good faith meet and confer process to attempt to resolve the Dispute informally. This process must commence within 60 days of the Notice of Dispute and may be conducted via telephone, video conference, or in person. All discussions and information exchanged during this process are confidential and inadmissible in any subsequent arbitration or court proceeding, except to enforce this provision. Completion of this informal dispute resolution process is a prerequisite to filing any arbitration claim. If the Dispute is not resolved within 60 days (or an extended period agreed upon in writing), either party may proceed to arbitration.
Initiating Arbitration. To start the arbitration process, the initiating party must file a demand for arbitration with JAMS and serve it on the other party in accordance with JAMS rules. Demands may be filed online at www.jamsadr.com or by mail to the nearest JAMS Resolution Center. You must include a copy of the Notice of Dispute and evidence of completion of the informal dispute resolution process.
Rules of Arbitration. The arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or Streamlined Arbitration Rules and Procedures if the Dispute involves $250,000 or less), as modified by these Terms and subject to JAMS Consumer Arbitration Minimum Standards (available at www.jamsadr.com/consumer-minimum-standards/). In the event of any conflict, the terms of this Arbitration Agreement prevail. The arbitration will be conducted in English. The arbitration will be conducted in Orange County, California, unless you and Rthms agree otherwise. For your convenience, the hearing may be held by telephone or video conference if permitted by JAMS rules and agreed upon by the parties.
Filing Fees and Costs. The party initiating arbitration is responsible for paying the initial filing fee in accordance with JAMS rules. However, if you initiate arbitration, your share of fees and costs (excluding your attorneys' fees) will not exceed the consumer fee cap applicable at the time you initiate the arbitration, consistent with JAMS Consumer Arbitration Minimum Standards, and Rthms will pay all other administrative fees, arbitrator fees, and expenses. Certain costs may be subject to waiver based on financial hardship, as determined by JAMS. If the cost of arbitration (excluding your attorneys' fees) exceeds the filing fees for a comparable claim in the applicable state or federal court, Rthms will pay the difference. The arbitrator may allocate fees and costs (including attorneys' fees) to the prevailing party as permitted by applicable law.
Number of Arbitrators and Authority. The arbitration will be conducted by a single, neutral arbitrator selected in accordance with JAMS rules. The arbitrator has exclusive authority to resolve all issues in the Dispute, including but not limited to arbitrability, scope, remedies, and allocation of fees and costs. The arbitrator may award any relief available under applicable law, including monetary damages, injunctive relief, and declaratory judgments, but must follow the terms of these Terms as a court would.
WAIVER OF JURY TRIAL. YOU AND Rthms EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE THAT WOULD OTHERWISE BE SUBJECT TO THIS ARBITRATION AGREEMENT.
No Class Arbitration. Disputes must be brought on an individual basis only. There will be no class, collective, consolidated, or representative arbitration. However, nothing in this Arbitration Agreement precludes your participation in bellwether arbitrations, global mediations, or batch arbitrations as provided in the Mass Arbitrations provision below or as otherwise permitted by JAMS rules.
Mass Arbitrations. If 20 or more similar Demands for Arbitration are filed against Rthms (or related parties) at any one time by the same or coordinated counsel ("Mass Arbitrations"), the following procedures apply in addition to JAMS Mass Arbitration Procedures and Guidelines (to the extent consistent herewith):
1. The parties will cooperate to batch the claims into groups of no more than 10 for resolution.
2. From each batch, up to three bellwether cases will be selected for full arbitration, with the results (excluding confidential settlements) serving as non-binding guidance for remaining cases.
3. If unresolved, the parties may engage in global mediation facilitated by a JAMS mediator.
4. Remaining cases may proceed in batches, with fees allocated per JAMS rules but Rthms paying all administrative fees beyond the consumer cap. These procedures promote efficient resolution while preserving individual adjudication.
Offers of Judgment and Prevailing Party Attorneys' Fees. At least 10 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment of specified terms. If the arbitrator's award is less favorable to the offeree than the offer, the offeree must pay the offeror's costs incurred after the offer, including attorneys' fees. The arbitrator may award reasonable attorneys' fees and costs to the prevailing party if permitted by applicable law or these Terms.
Opt-Out Rights. If you are a new user, you may opt out of this Arbitration Agreement within 31 days after first becoming subject to these Terms (e.g., upon account creation or first use of the Services). To opt out, send a 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@rthms.com with "Arbitration Opt-Out" in the subject line. The notice must include your name, address, email, account information (if applicable), and a clear statement that you wish to opt out. Opting out applies prospectively and does not affect prior Disputes. If you opt out, Disputes will be resolved in state or federal courts in Orange County, California.
Severability. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful, that portion will be severed, and the remainder will remain in full force and effect. If the class arbitration waiver is invalidated, the Dispute will proceed in court rather than arbitration.
Survival. This Arbitration Agreement will survive the termination, suspension, or deletion of your account or any relationship between you and Rthms.

Copyright Infringement Claims. We respect the intellectual property rights of others and expect users of the Services to do the same. If you believe that your copyrighted work has been copied or used in a manner that constitutes copyright infringement and is accessible on the Services, you may notify our designated copyright agent in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. We will respond to valid notices of alleged infringement by removing or disabling access to the allegedly infringing material and may terminate the accounts of repeat infringers, as outlined in our repeat infringer policy.
1. Process for Submitting a Claim. To submit a claim of copyright infringement, your notice must be in writing and include all of the following information, as required by the DMCA:
  1. Identification of the Copyrighted Work: A description of the copyrighted work that you claim has been infringed, including sufficient detail to identify the work (e.g., title, author, registration number if applicable).
  2. Identification of the Infringing Material: A description of the material on the Services that you claim is infringing, including its location (e.g., URL, profile, or specific post) with enough detail to allow us to locate it.
  3. Your Contact Information: Your full name, mailing address, telephone number, and email address.
  4. Statement of Good Faith Belief: A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  5. Statement Under Penalty of Perjury: A statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
  6. Signature: An electronic or physical signature of the copyright owner or a person authorized to act on their behalf.

Incomplete notices may not be processed. Submit your notice to our designated copyright agent at:

Email: copyright@rthms.com
Mailing Address: Rthms Copyright Agent ,24662 Del Prado Avenue #1A, Dana Point, CA 92629, Attn: Legal Department

Upon receipt of a valid notice, we will expeditiously remove or disable access to the allegedly infringing material and notify the user who provided it, if applicable. We may, in our discretion, forward a copy of the notice to the alleged infringer.

Counter-Notifications. If you believe that material you posted was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to our copyright agent. The counter-notification must include:
1. Identification of the material that was removed or disabled and its prior location on the Services.
2. Your contact information, as described above.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled due to mistake or misidentification.
4. A statement that you consent to the jurisdiction of the federal court in the judicial district where your address is located, and that you will accept service of process from the complainant or their agent.
5. Your signature, as described above.

Upon receipt of a valid counter-notification, we may restore the material unless the original complainant notifies us of a court action seeking to restrain the alleged infringement.

Additional Information. We reserve the right to terminate the accounts of users who are repeat infringers. Filing a false or misleading notice or counter-notification may result in liability for damages, including costs and attorneys' fees, under the DMCA. We are not responsible for determining the validity of any claims and act solely as a conduit for user-generated content.

Third-Party App Stores. If you access or download the Services (including the mobile application) from a third-party app store or distribution platform, such as the Apple App Store or Google Play Store (each, an "App Store"), you acknowledge and agree that your use of the Services is also subject to the applicable terms and conditions imposed by the App Store provider (the "App Store Terms"). In the event of any conflict between these Terms and the App Store Terms, the App Store Terms will prevail with respect to matters pertaining to the distribution and licensing of the mobile application through the App Store. The App Store provider is not a party to these Terms and has no responsibility for the Services, except as expressly set forth below.
1. These Terms are concluded between you and Rthms, not between you and the App Store provider (e.g., Apple Inc. ("Apple") or Google LLC ("Google")). Rthms, not the App Store provider, is solely responsible for the Services and the content thereof. The App Store provider has no obligation to furnish any maintenance and support services with respect to the Services. Your use of the Services must comply with the App Store provider's then-current terms of service (e.g., Apple Media Services Terms and Conditions or Google Play Terms of Service). Your license to use the Services is limited to use on devices compatible with the App Store provider's platform that you own or control, as permitted by the applicable usage rules, including features like Family Sharing or volume purchasing where available.
2. In the event of any failure of the Services to conform to any applicable warranty, you may notify the App Store provider, and they may refund the purchase price (if any) for the Services to you. To the maximum extent permitted by applicable law, the App Store provider will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Rthms' sole responsibility. The App Store provider is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
3. In the event of any third-party claim that the Services or your possession and use of the Services infringes that third party's intellectual property rights, Rthms, not the App Store provider, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
4. The App Store provider and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, the App Store provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

For any questions or complaints regarding the Services obtained from an App Store, you may contact Rthms at support@rthms.com.

Termination.
1. Terms. These Terms become effective upon your creation of an account or first access or use of the Services, whichever occurs first, and continue in full force and effect until terminated in accordance with this section.
2. Termination by You. You may terminate these Terms and your use of the Services at any time by deleting your account. To delete your account, navigate to the Settings page within the Services and follow the provided instructions for account deletion. Upon successful deletion, your account will be immediately deactivated, and you will lose access to the Services through that account. Please note that deleting the Rthms app does not automatically terminate your account or cancel any recurring Subscriptions or Purchases. You must separately cancel any active Subscriptions through your account settings, the applicable App Store, or by contacting our customer support at support@rthms.com prior to account deletion to avoid ongoing charges. Failure to cancel Subscriptions may result in continued billing in accordance with the Payment Terms section.
3. Termination by Rthms. We reserve the right to terminate these Terms, suspend, or restrict your account and access to the Services at any time, for any reason or no reason, in our sole discretion, with or without notice, and without liability to you. Reasons for termination may include, but are not limited to, violations of these Terms , our Acceptable Use Policy, Safety Guidelines, or applicable laws; suspected fraudulent or abusive activity; or inactivity. Upon termination by us, you will immediately lose access to your account, the Services, and any related content, including Your Content and Member Content.
4. Effect of Termination. Regardless of the party initiating termination, all rights granted to you under these Terms will immediately cease, and you must discontinue all use of the Services. We may, at our discretion, delete or retain Your Content as described below. Termination does not relieve you of any obligations incurred prior to termination, including payment of outstanding fees or compliance with surviving provisions.
5. Your Content. Upon termination, we will immediately remove your access to your account, including any associated profiles, messages, or other content. However, certain elements of Your Content or data may remain stored in our systems for a reasonable period in accordance with our data retention policies, applicable laws, or for legitimate business purposes, such as backups, fraud prevention, dispute resolution, or compliance obligations. Once terminated, your account cannot be reactivated or restored, and you must create a new account if you wish to resume using the Services, subject to these Terms and our eligibility requirements.
6. Survival of Provisions. The following provisions will survive any termination of these Terms and continue in full force and effect: the Arbitration Agreement (including all related procedures and waivers); ownership rights in Rthms Content; licenses granted by you (including the License to Your Content); warranty disclaimers; limitations of liability; indemnification obligations; payment terms (to the extent any amounts remain due); privacy provisions; and any other sections that, by their nature, should survive termination, such as those relating to intellectual property, governing law, and dispute resolution.
Changes to Terms. We reserve the right to modify, update, or otherwise change these Terms at any time, in our sole discretion, to reflect changes in our practices, the Services, applicable laws, or for any other reason. Any such changes will be effective upon posting the revised Terms on the Services, unless a later effective date is specified. For material changes that adversely affect your rights or obligations, we will provide reasonable notice via the Services, such as through in-app notifications, email to the address associated with your account, or a prominent banner on our website or app. Your continued access or use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must discontinue use of the Services and delete your account as described in the Termination section. It is your responsibility to review these Terms periodically for updates.
Other Important Terms.
1. These Terms, and any other documents or agreements expressly incorporated by reference herein, constitute the entire agreement between you and Rthms regarding your use of the Services and supersede all prior or contemporaneous understandings, agreements, representations, or warranties, whether written or oral, relating to the subject matter hereof.
2. You consent to the use of electronic signatures, contracts, records, and communications in lieu of paper-based equivalents, in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state laws. You agree that your electronic signature or action (e.g., clicking "I Agree" or similar) has the same legal effect as a physical signature. You further consent to receiving all communications, notices, disclosures, and other information from us electronically, including via email, in-app notifications, or through the Services, and acknowledge that such electronic delivery satisfies any legal requirement for written communication.
3. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed or modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.
4. No failure or delay by Rthms in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. Any waiver must be in writing and signed by an authorized representative of Rthms to be effective.
5. You represent and warrant that: (i) you are not located in a country or region subject to comprehensive U.S. economic sanctions or embargoes; (ii) you are not identified on any U.S. government list of prohibited or restricted parties, including but not limited to the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons List or the U.S. Department of Commerce's Denied Persons List; and (iii) you are not otherwise prohibited from using the Services under applicable export control laws, anti-money laundering regulations, or other relevant laws. If any of these representations cease to be true, you must immediately cease using the Services and notify us.
6. You acknowledge and agree that the Services are operated from and hosted in the United States, and that your personal data, including sensitive personal data, will be collected, processed, stored, and transferred to servers located in the United States. By using the Services, you consent to such transfer, processing, and storage in the United States, even if you are located outside the United States, and understand that U.S. data protection laws may differ from those in your jurisdiction. For more details, please refer to our Privacy Policy.
7. The Services may include integrations, features, or links to third-party websites, applications, services, or content (collectively, "Third-Party Services"). These Third-Party Services are provided for your convenience only and are not under our control. We do not endorse, monitor, or assume any responsibility for the accuracy, availability, functionality, or content of Third-Party Services, nor for any losses, damages, or liabilities arising from your use thereof. Your interactions with Third-Party Services are governed by their respective terms and privacy policies, and you access them at your own risk. We disclaim all warranties, express or implied, regarding Third-Party Services and shall not be liable for any claims related to them.
8. You may not assign, transfer, delegate, or otherwise dispose of these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. Any attempted assignment without such consent shall be null and void. Rthms may freely assign, transfer, or delegate these Terms or any rights or obligations hereunder, in whole or in part, without restriction or notice to you, including in connection with a merger, acquisition, reorganization, or sale of assets.
9. These Terms and any Disputes arising out of or related thereto shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Subject to the Arbitration Agreement, you agree that any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Orange County, California, and you irrevocably submit to the personal jurisdiction and venue of such courts
10. State-Specific Disclosures. Subscribers in certain jurisdictions may certain rights:
  1. California Residents.

Cancellation Rights: You, the buyer, may cancel any paid subscription services, without any penalty or obligation, at any time prior to midnight of the original contract seller’s third business day following the date of the contract for such services, excluding Sundays and holidays. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing Rthms notice in the same manner in which you request a refund.

To cancel the paid subscription services or request a refund, contact customer support via support@rthms; This request may also be send to 24662 Del Prado Avenue #1A, Dana Point, CA 92629. Provide your account details, purchase confirmation, and a clear explanation of your request. We will review and process eligible refund requests promptly, typically within 10 business days, subject to verification. Refunds will be issued to the original payment method, where possible. We reserve the right to deny refund requests that do not meet the criteria outlined herein or under applicable law.

Feedback and Support. We welcome your feedback, complaints, questions, or suggestions regarding the Services ("Feedback"). You may submit Feedback to us via email at support@rthms.com or by mail to Rthms, 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, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose, without compensation or acknowledgment. We will endeavor to respond to complaints or questions in a timely manner but make no guarantees regarding resolution or outcomes.