Terms and Conditions
Terms and Conditions
What personally identifiable information do we collect?
We collect the e-mail addresses of those who communicate with us via e-mail and information volunteered by the User (such as survey information and/or site registrations). When you register for Rhythmos Services we collect the following categories of personally identifiable information: your name and your business email address. You may have the option to contribute additional information and/or subscribe to join our newsletter list.
01. Acceptance of Terms
By accepting this Agreement, or by accessing or using the Service, you represent and warrant the following: (a) You are at least 18 years old and have the legal capacity to be bound by this Agreement; (b) You are not a person barred from receiving the Service under the laws of Canada, the United States, or other applicable jurisdiction; and (c) All registration information you submit to the Service is truthful and accurate. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Agreement and bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
We reserve the right to update this Agreement at any time, in our sole discretion, and will notify you of such updates either via email or by posting such changes on the Service, or such other reasonable means. You can find the most recent version of this Agreement at www.rhythmos.io/terms with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. If you do not agree to the revised terms and conditions, your sole recourse is to cancel your account and cease all use of the Service. Your continued access and use of the Service following notification of an updated version of this Agreement shall constitute your acceptance of the revised Agreement.
2. Rhythmos Service
Our Service consists of access to our Site and the platform contained therein in which we make available the ability to create a Rhythmos account. Subject to and conditioned on your compliance with the terms of this Agreement, you shall have a non-exclusive, non-transferable, revocable, limited right, during the Term (as defined in Section 7.1 “Term” below) to access and use the Service. Except for the express licenses granted in this Section 2 “Rhythmos Service”, no other rights are granted by Rhythmos hereunder, by implication, estoppel or otherwise, and all rights not expressly granted herein are reserved.
3. Use of Service
3.1 Acceptable Use. You agree that you will not (and will not permit or encourage any other Users or other third party to) directly or indirectly: (a) Use the Service in any manner or for any purpose other than as expressly permitted by this Agreement; (b) Use the Service in violation of any federal, state, local, or international laws or regulations; (c) Share your log-in, password, or otherwise permit a third party to access or use your account or that of another User; (d) Reproduce, duplicate, copy, sell, resell, rent, lease, or exploit any portion of the Service, use of the Service, or access to the Service without our prior written consent; (e) Use the Service for storing or transmitting infringing, libelous, offensive, defamatory, pornographic, obscene or otherwise objectionable, unlawful or tortious material; (f) Use the Service to store or transmit malicious code, viruses, Trojan horses, or worms of a destructive nature or that may damage or harm the Site, Service, and/or our computer systems; (g) Interfere with other Users use or enjoyment of the Service; (h) Attempt to gain unauthorized access to the Service or to another User’s account or any related systems or networks; (i) Copy the user interface design, workflow, or any features of the Site and/or Service or use any of the foregoing for any purpose other than the Service as defined herein; (j) Modify, publish, transmit, reproduce, create derivative works from, distribute, display, link to, frame with other content or incorporate into another website the Site and/or Service, in whole or in part; (k) Take screenshots or videos of the Site and/or Service in order to share the information with one of our competitors or a company seeking to create and/or offer services similar to the Service; (l) Impersonate or misrepresent any individual or company to us; (m) Use the Service to infringe the copyrights or other intellectual property rights of any third parties; (n) Modify, adapt or hack the Site and/or Service or modify another website so as to falsely imply that it is associated in any way with us, the Site and/or Service; (o) Abuse or threaten (including threats of abuse or retribution) in any way any of our employees, officers, or other affiliates through verbal, physical, written, or other means; (p) Upload, post, or transmit unsolicited email, SMSs, or “spam” messages; or (q) Duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Site and/or Service without our prior written consent.
3.2 Notice of Unauthorized Use. You must immediately notify us of any unauthorized use of your account or the Service that comes to your attention. In the event of any such unauthorized use, you will take all steps necessary to terminate such unauthorized use. Additionally, you will provide us with such cooperation and assistance related to any such unauthorized use as we may reasonably request.
4. Changes and Updates to the Service
You understand that the Service may change over time as we refine and add more features or content. We reserve the right to update, modify, or discontinue the features, functionality, content or other aspects of the Service, at any time, with or without notice, in our sole discretion. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Agreement. Rhythmos does not guarantee the availability of the Service and/or other benefits contained therein, and they are all subject to change at any time without notice.
5. User Account(s)
5.1 Account Registration. To obtain access to the Service as a User, you are required to register as a User. When registering as a User you must meet the conditions set forth in Section 1 “Acceptance of Terms” above, including: (a) providing true, accurate, current and complete information about yourself as requested by the registration form for the Service, and (b) maintaining and promptly updating throughout the Term such information to keep it true, accurate, current and complete. Your User account login is personal to you and may not be shared or used by anyone else.
5.2 Account Security. Only you may use your User account login. You are entirely responsible for maintaining the confidentiality of your User account password and you agree not to disclose such password to any other User or third party or let any third party use the Service on your behalf. You must contact us immediately if you suspect misuse of your User account or any security breach in the Service. Please be aware that you are responsible for any and all activity occurring through your User account, whether or not you actually authorized that activity.
6. Rhythmos Software
Any Rhythmos computer software which may be downloaded or is otherwise available from this website, unless otherwise expressly indicated, is licensed subject to either the written license agreement between you and Rhythmos or the click-on license which you agree to at the time of download or use. Software to which either of these licenses is applicable is subject to the terms of its associated license agreement only, unless expressly stated otherwise. However, if neither a written license nor a click-on license is available, your use of the Rhythmos software will be subject to the following conditions: 1) you may not use, reproduce, record, publish, publicly exhibit or distribute any software made available on this website without Rhythmos’s express prior written consent; 2) you are granted a personal, non-exclusive license to use such software subject to the foregoing restriction; 3) such software is subject to all terms in the Section 12 “Warranties and Disclaimers” as set forth below; and 4) except as expressly granted elsewhere, Rhythmos and its licensors reserve all rights, title and interest in and relating to such software. This section does not apply to any Third-Party Materials available on this website.
7. Cancellation and Termination
7.1 Term. This Agreement is effective upon your first use of the Service and will continue until the earlier of the following: (i) your Company terminates its commercial relationship with Rhythmos; (ii) we terminate your account; or (iii) you properly cancel your account in accordance with this Agreement (“Term”).
7.2 Termination. You are solely responsible for properly canceling your account. You may cancel your account at any time by sending us an email at support@Rhythmos.com. All cancellations will be processed within seventy-two (72) hours of receipt of the request for cancellation. We may terminate this Agreement and your rights to access and use the Service for any or no reason, without liability, at our sole discretion at any time, including if we suspect that you have violated this Agreement. We will attempt to notify you of any such termination but are under no obligation to do so. In addition, without limiting the foregoing termination rights, we reserve the right, at any time and in our sole and absolute discretion, to temporarily suspend access to the Service (in whole or in part) for: (a) scheduled or unscheduled maintenance; (b) purposes of maintaining the security and/or integrity of Rhythmos’s network, hardware, or associated systems or those of its third party providers; (c) failure by your Company to comply with its Agreements with Rhythmos; or (d) the actual or suspected violation of this Agreement by you.
7.3 Effect of Termination. Upon termination of this Agreement or cancellation of your account, all rights granted to you hereunder will immediately terminate and you will lose access to and will cease all use of the Service.
8. Third Party Linked Service and Content
The Site and the Service may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including but not limited to third party websites, directories, servers, networks, systems, information and databases, software, applications, programs, products and/or services, and the Internet as a whole. When you engage a third party’s website or service which is linked to the Site and/or Service, you are interacting with the third party and not with us. Such linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained within a linked website, or any changes or updates to such websites maintained by third parties. Posting of a link to another website does not constitute endorsement of that website (or any of the products, Service or other materials offered through that website) by us or our licensors, regardless of whether or not the link is associated with any offering listed on our Site.
Rhythmos has implemented web-standard SSL security measures to reasonably protect your account information. Rhythmos stores passwords in hashed form and does not maintain any plaintext copy.
10. Proprietary Rights
10.2 Trademarks. The Site and/or Service contain valuable trademarks owned and used by us to distinguish the Site and Service from those of others. The Site and/or Service may also contain references to other entities’ trademarks and service marks, but such references are for identification purposes only and are used with the permission of their respective owners. We do not claim ownership in, or any affiliation with, any third party trademarks or service marks appearing on the Site and/or Service. You agree not to use or display any trademarks you do not own without our prior written consent or the consent of the owner of such mark.
11. Electronic Communications
12. Disclaimer of Warranties
WE PROVIDE OUR SERVICE TO YOU “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. YOU AGREE THAT ANY USE OF AND RELIANCE UPON THE SERVICE (INCLUDING ANY AND ALL OF THE INFORMATION, CONTENT, AND/OR MATERIALS CONTAINED THEREIN, OR RESULTS OBTAINED THEREFROM) BY YOU IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN ADDITION, RHYTHMOS DOES NOT WARRANT THAT ACCESS TO THE SERVICE OR SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE. RHYTHMOS MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE PROVIDERS LISTED ON THE SITE. ACCORDINGLY, RHYTHMOS IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS OR YOUR INABILITY TO ACCESS OR USE ANY OF THE SERVICE. YOUR PURCHASE AND USE OF THE SERVICE THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
You agree to indemnify and hold Rhythmos and its affiliated companies harmless for any and all claims or demands, including reasonable attorneys’ fees, that arise from or otherwise relate to your use of this website (including the services provided on this website), any content you supply to this website, or your violation of this Agreement or the rights of another.
14.1 Entire Agreement. This Agreement constitutes the entire agreement of the Parties regarding the Service. It supersedes any and all proposals, oral or written, negotiations, conversations, discussions, or agreements between the Parties relating to your use of the Service (including, without limitation, any prior versions of this Agreement).
14.2 Assignment. You may not assign this Agreement in whole or in part, by operation of law or otherwise, and any attempt to do so will be null and void. We may assign this Agreement, in whole or in part, at any time without notice. This Agreement shall be binding upon and shall inure to the benefit of your and Rhythmos’ successors and assigns.
14.3 No Waiver. Our failure to enforce any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right or remedy in that or any other instance.
14.4 Independent Contractors. This Agreement does not create a joint venture, agency, or partnership between the Parties; instead, the relationship between the Parties is that of independent contractors. Our engagement with you under this Agreement is non-exclusive, and Rhythmos reserves the right to offer the Service to any other parties.
14.5 No Third Party Beneficiaries. This Agreement is solely for the benefit of the Parties and there shall be no third party beneficiaries except as otherwise expressly provided under this Agreement.
14.6 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the Parties agree that such provision shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the Parties, and that the remaining provisions shall remain in full force and effect.
14.7 Compliance with Export Regulations. User has or will obtain in a timely manner all necessary or appropriate licenses, permits or other governmental authorizations or approvals; will indemnify and hold Rhythmos harmless from, and bear all expense of, complying with all foreign or domestic laws, regulations or requirements pertaining to the importation, exportation, or use of the technology to be developed or provided herein. Client will not directly or indirectly export or re-export (including by transmission) any regulated technology to any country to which such activity is restricted by regulation or statute, without the prior written consent, if required, of the administrator of export laws.
14.8 Governing Law. This Agreement and any action related thereto will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The Parties hereby irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting in Toronto, Ontario. The U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
14.9 Survival of Terms. Sections 3 “Use of Service”, and 5 “User Accounts” through 14 “Miscellaneous” shall survive termination of this Agreement. After your subscription to the Service has terminated, any and all additional terms not listed in the foregoing sentence that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
We hope we can provide you with the best experience possible, and we welcome any feedback, suggestions for improvements to the Service, as well as any questions, issues, concerns or other inquiries related to the Service. If you are having trouble with the Service or your User account, or wish to contact us for any reason, please feel free to email us at email@example.com.