Terms of Use

Last Updated: 06/19/2024

Welcome to Rhythm ("Service", "we", "us", "our"). By using our Service, you ("User", "you", "your") agree to be bound by these Terms of Service ("Terms"). Please read these Terms carefully and ensure you understand them. If you do not agree to these Terms, you must not access or use our Service.

1. Acceptance of Terms

By accessing or using our Service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, you may not access or use the Service.

2. Eligibility

You must be at least 13 years of age to use our Service. By using our Service, you represent and warrant that you meet the age requirement.

3. User Accounts

When you create an account with our Service, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account password and for any activities that occur under your account. You agree to notify us immediately if you suspect any unauthorized use of your account or any other security breach.

4. License to Use the Service

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Service for your personal, non-commercial use, subject to these Terms.

5. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

1. Violating any applicable laws, regulations, or third-party rights.
2. Interfering with or disrupting the operation of the Service or the servers and networks used to provide the Service.
3. Using any automated system, including bots, spiders, or crawlers, to access or use the Service.
4. Attempting to gain unauthorized access to the Service, other users‘ accounts, or our systems or networks.
5. Using the Service for any purpose that is unlawful, harmful, or otherwise objectionable, as determined by us in our sole discretion.

6. Copyright Infringement

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been infringed upon, please contact us at support@rhythm.watch. We will respond promptly to claims of copyright infringement committed using the Service.

7. DMCA Compliance

If you are a copyright owner or an agent thereof, and you believe that any content hosted on our Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed upon.
3. A description of where the material that you claim is infringing is located on the Service.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Designated Copyright Agent to receive notifications of claimed infringement is: support@rhythm.watch.

8. Termination

We reserve the right to suspend or terminate your access to our Service at any time, without notice and for any reason, including if you violate these Terms, if we suspect fraudulent, abusive, or illegal activity, or for any other reason at our sole discretion.

9. Disclaimer of Warranties

Our Service is provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.

10. Limitation of Liability

In no event shall we, our affiliates, or our licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or other damages arising from your use of the Service, even if we have been advised of the possibility of such damages.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Illinois, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Illinois for the resolution of any disputes arising from these Terms or your use of the Service.

12. User Responsibility

Users are responsible for their use of the Service and must ensure that their use complies with all applicable laws and regulations. The company is not liable for any actions taken by users that violate any laws or infringe on the rights of any third party.

13. Indemnification

You agree to indemnify, defend, and hold harmless our company, our affiliates, and our respective officers, directors, employees, and agents from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses, including reasonable attorney‘s fees, arising from or related to your use of the Service, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

14. Changes to the Terms

We reserve the right to update or modify these Terms at any time. We will notify you of any material changes to these Terms by posting the updated Terms on our website or through other appropriate means of communication. By continuing to access or use our Service after any such changes become effective, you agree to be bound by the updated Terms.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.

16. Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

17. Entire Agreement

These Terms constitute the entire agreement between you and us with respect to the Service and supersede all prior and contemporaneous agreements, understandings, and communications, whether written or oral, relating to the subject matter of these Terms.