Terms of Use


Rthm Technologies Inc. Terms of Use

Last Updated: January 6th, 2017

These terms and conditions of use (“Terms of Use”) comprise a legal agreement between Rthm Technologies Inc. carrying on business as Rthm (“Rthm”) and you, the person accessing and using this website or Rthm’s Rthm application (“You” or “you” or “User”).  These Terms of Use set forth the legally binding terms and conditions for the use of the Rthm’s website at www.findrthm.com (“Site”) that is owned, operated and maintained by Rthm, and all downloadable applications, features, functionality, content or information that is made available or provided on this Site, including the Rthm App and the Tau App (referred to herein as “Rthm Services”).

BY USING THE SITE AND/OR RTHM AND ITS ASSOCIATED APPLICATIONS YOU ARE DEEMED TO HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND YOU AGREE TO BE BOUND BY, THE TERMS AND CONDITIONS OF THESE TERMS OF USE WHICH SHALL GOVERN YOUR ACCESS AND USE OF THE SITE AND OF RTHM AND ITS ASSOCIATED APPLICATION.

IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS OF USE YOU MAY NOT ACCESS OR USE THE SITE AND MUST EXIT THE SITE AND/OR RTHM AND ITS ASSOCIATED APPLICATION.

In consideration of the mutual promises and agreements contained in these Terms of Use and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), you and Rthm agree as follows:

1  Rthm Site and Rthm Services

Rthm’s Site is made available to you for the purpose of providing you with information about the services offered, including the Rthm Services and their associated applications (each a “Service”).  

2  Acceptance and Modification of Terms

The Site and Rthm and its associated application are offered subject to acceptance of all of the terms and conditions contained in these Terms of Use. Rthm reserves the right to modify or replace the Terms of Use. You are encouraged to check this page regularly, the most recent date of modification will be posted above on these Terms of Use.

3  User Accounts

To access and use certain features of the Site and the Rthm Services, you will need to create an account (referred to as a “User Account”) or sign-in through your Facebook account.

As part of the process to create, register and maintain a User Account you must provide Rthm with certain current, complete, and accurate registration information, including your name, e-mail address, date of birth, age, gender, height, weight, and other data or information that has been requested by Rthm during the User Account registration or renewal process (“Registration Data”). In order to access certain services offered through Rthm, your payment information, including credit card number or other form of payment, must be provided. Registration Data and Personal Information will be used by Rthm solely in accordance with these Terms of Use and Rthm’s Privacy Policy (the “Privacy Policy”)

You agree that you will: (a) maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate; (b) maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Site: and (c) be responsible for all activities that occur under such password or account.

Further, you agree to immediately notify Rthm of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised. Failure to comply with this paragraph may result in immediate termination of your account. Rthm shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

4  License

Rthm hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to (a) access the Site and the Rthm Services for the purpose of receiving the Services in accordance with these Terms of Use and (b) access, view and print any information and documentation made available on the Site, for your personal, non-commercial and informational use only to assist you in the access and use of the Site and the Services. Except for the limited licenses and rights expressly granted to you in the Terms of Use, these Terms of Use do not grant you any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of Rthm or any third party. Rthm may terminate this license at any time for any reason whatsoever.

5  Suspension and Termination of Access

Rthm may suspend or terminate your access to the Site or Rthm immediately without prior notice and without further obligation or liability to you if, in Rthm’s sole discretion, it is determined you have breached these Terms of Use. Rthm may also suspend your access to the Site or Rthm, or terminate these Terms of Use at any time without written notice to you for any reason whatsoever. 

Rthm has no liability of any kind or any nature whatsoever to you solely by reason of any change, modification, suspension or discontinuance of the Site, the Rthm Services, or any or all of the Services in accordance with these terms. You agree that you shall not make any claim against Rthm, including with respect to any lost revenue, profits or opportunities as a result of such change, modification, suspension or discontinuance or on account of any expenditures made or actions taken in reliance on the expected continuation of the Site, the Rthm Services, the Services offered or these Terms of Use.

6  Content

All content and data made available by Rthm through the Site or the Rthm Services (the “Rthm Content”) is owned solely and exclusively by Rthm. You may not: (a) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the Rthm Content; (b) market, sell, re-sell or make commercial use of the Site, Rthm Services or any Rthm Content; (c) systematically collect from the Site, Rthm Services and use any Rthm Content, including the use of any data mining, robots, or similar data gathering and extraction methods; or (d) make derivative uses of the Site, Rthm Services or the Rthm Content.

If you make any information, data or content available to Rthm on or through the Site or Rthm Services, including by contacting us, or providing comments or ideas about our Services or the Site or Rthm Services (referred to herein as “User Content”), you are deemed to grant Rthm a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through, or in connection with the Site or Rthm Services without any payment or restriction. You are solely responsible and liable for any User Content you make available on or through the Site or Rthm Services, or that is made available using your User Account. If you create any User Content, you represent that you have the right to do so.

7  Use Restrictions

You agree that when using the Site or Rthm Services you will not: (a) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties; (b) post or transmit data or content which violates or infringes any third party rights, is false, misleading or inaccurate or is injurious to a third party or defames, libels or disparages any third party; (c) except as expressly permitted by these Terms of Use, provide, disclose, sublicense, distribute, transfer, assign or otherwise permit any third party to access, use, read or otherwise gain access to the Site or Rthm Services; (d) use the Site or Rthm Services to provide the benefit of the use of your account, if any, to or for any other person; (e) to the maximum extent permitted by applicable law, interfere with or circumvent any copyright or other technical protection mechanism or reverse engineer, decompile, disassemble, or otherwise in any manner deconstruct all or any part of the Site, Rthm Services or any software or technology or content forming part thereof; (f) post or transmit data which constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; (g) post or transmit data or content which would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law; (h) use the Site, Rthm, or Rthm Services to harvest addresses, send spam or otherwise breach these Terms of Use or the Privacy Policy; (i) use any spider, robot or other automated or electronic agent to monitor or copy web pages or any content from the Site or for any other purpose in connection with your access to and use of the Site or Rthm Services; (j) take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Site or Rthm Services or to shut down, overload or overwhelm the Site or Rthm Services; or (k) copy, republish or redistribute any part of the Site or Rthm Services, including by caching, framing or similar means, without the prior written consent of Rthm.

8  Personal Information

You agree that your use of the Site and/or Rthm is subject to the terms of our Privacy Policy which is hereby incorporated by reference into, and forms an integral part of, the Terms of Use. By agreeing to the Terms of Use or by using the Site or Rthm Services, you expressly consent to the collection, storage, use and disclosure of your information, including your Personal Information and Personal Health Information, according to the Privacy Policy.

9  Use of Cookies

You agree that Rthm has the right to monitor and review your use of the Site, Rthm and Services from time to time, and to use “cookies”, “log files” and your “browsing data” in accordance with the Privacy Policy.

10  Sales and Refund

We strive to provide you with a great product and great services. We fundamentally believe that you will be satisfied with Rthm. However, we understand that sometimes a purchase may not be what you expected.  We kindly remind you that by placing an order for Rthm through the Site, you agree to these Terms of Use and our Privacy Policy. Unfortunately, given the nature of our service, we do not provide refunds at this time.

If you have questions about your return or refund, we would be happy to help. Please contact us at: customerservice@findrthm.com

11  Site and Services Provided “AS IS”

YOU UNDERSTAND AND AGREE THAT THE SITE, THE SERVICES, ANY RTHM CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE SITE, THROUGH RTHM OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER APPLICABLE LAW, RTHM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND  INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

RTHM DOES NOT OFFER ADVICE OR RECOMMENDATIONS CONCERNING INFORMATION OR DATA CONTAINED IN ANY SERVICES OR RTHM CONTENT AND ANY ACTIONS TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY RTHM CONTENT (OR OTHERWISE ON THE SERVICES) BY YOU OR ANY OTHER PERSON IS YOUR SOLE RESPONSIBILITY AND LIABILITY.  RTHM SPECIFICALLY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, RTHM OR ANY OF THE SERVICES  (INCLUDING THE PROVISION OF ANY RTHM CONTENT) WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER, OR COMPLETE OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT ANY ERRORS CAN OR WILL BE CORRECTED OR THAT ANY SERVICES, RTHM CONTENT, DATA OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE SITE, RTHM AND ITS SERVER ARE FREE OF VIRUSES AND OTHER HARMFUL ELEMENTS. 

YOU ACKNOWLEDGE THAT RTHM DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE SITE OR RTHM. EXCEPT AS OTHERWISE AGREED IN WRITING, RTHM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE OR RTHM.

IF YOU ARE DISSATISFIED WITH THE SITE, RTHM, THE SERVICES OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES OR POLICIES OF RTHM IN OPERATING THE SITE AND IN PROVIDING THE SERVICES YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE SITE, RTHM AND SERVICES.

12  Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL RTHM, BE LIABLE TO YOU, OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE SITE, RTHM, SERVICES, OR ANY RTHM CONTENT OR THIRD PARTY CONTENT  (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE).

IN NO EVENT WHATSOEVER SHALL ANY OF RTHM, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE “COMPANY PARTIES”) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF SITE, RTHM OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE SITE OR THE USE OF, OR RELIANCE ON, ANY RTHM CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE SITE, RTHM OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE COMPANY PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.

THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND USE OF THE SITE, RTHM, SERVICES AND ANY PROVIDED SUPPORT IS ASSUMED BY YOU.

Rthm shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Rthm’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

These Terms of Use that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms of Use. You agree that the limitations of liabilities set out in these Terms of Use are fair and reasonable in the circumstances.

13  Indemnity

You agree to indemnify and hold Rthm and Company Parties harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of the Users use of or conduct respecting the Site, Rthm, and Services offered.

14  Trade-marks 

All product, brand and company names, logos, trade-marks and brand elements displayed on the Site or Rthm or used in connection with the Services are the trade-marks of Rthm (or its suppliers, partner businesses or third party licensors). Any use of any of the marks appearing on the Site, Rthm or in connection with the Services without the express written consent of Rthm or the owner of the mark, as appropriate, is strictly prohibited.

15  Links

Rthm provides links on the Site or through Rthm Services to other websites or resources, including those operated by parties other than Rthm. These links are provided for your convenience and Rthm is not responsible for the availability of such websites or resources and does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the terms of use or privacy policy (if any) of the operators of the external websites or resources. Your access and viewing of any third party websites or resources is conducted at your own risk. You are strongly advised to check the terms of use and the privacy policies of these external websites or resources before making use of them. You acknowledge that Rthm may remove any link to an external website or to resources at any time for any reason whatsoever and without prior notice to you.

16  Jurisdiction

The Site is administered by Rthm from a site that is located in Ontario, Canada. You acknowledge and agree that your use of the Site, Rthm Services and all of the communications, transmissions and transactions associated with the Site, Rthm and the provision of the Services shall be deemed to have occurred in the Province of Ontario, Canada. You agree that these Terms of Use shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada and that federal laws of Canada applicable therein and that the law of the Province of Ontario is the proper law. You irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Ontario in respect of all matters and disputes arising hereunder.

You expressly agree that, in the event that there is a dispute under these Terms of Use and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial and you hereby waive any right to trial by jury.

17  Waiver

No delay or omission by Rthm to exercise any right or power it has under these Terms of Use or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Rthm must be in writing and signed by an authorized representative of Rthm.

18  Entire Agreement 

These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Rthm as it relates to the access to, and use of, the Site, Rthm and Services and the subject matter of these Terms of Use and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between Rthm and you.

19  Language

It is the express will of Rthm that these Terms and all related documents on the Site, Rthm are in English.

20  Conformance with Law 

In addition to complying with these Terms of Use, you agree to use the Site, Rthm and Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations, including all privacy and personal information laws. The Site, Rthm and any Services shall not be used where, and to any extent, such use is prohibited by law. Your use of the Site and/or Rthm from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of the Site and/or Rthm is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the Site and/or Rthm due to any restriction whatsoever and that you have obtained all necessary consents and approvals required or reasonably necessary.

21  Termination

Rthm may terminate these Terms of Use and your use and access of the Site, Rthm and Services if you fail to comply with any provision of these Terms of Use. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, interpretative provisions, and your warranties and indemnities shall survive any termination of these Terms of Use. Rthm shall not be required to refund to you any amounts prepaid, if any, for use of the Site, Rthm or any Services if Rthm has terminated your account or your use of, or access to, the Site, Rthm and/or any of the Services for breach of these Terms of Use.

22  Assignment

These Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with Rthm’s prior written consent. Rthm may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

23  Contact Us

If you have any questions about the Terms of Use, or need to provide notice to, or communicate with, Rthm under the Term of Use, please contact Rthm at hello@getrthm.com or by delivery in person, by courier or by the mail, to Rthm at 66 Gerrard Street East, Suite 202, Toronto, Ontario, Canada, M5B 1G3.