Last Updated: August 17, 2026
Welcome to Rithmm.
These Terms and Conditions ("Terms") govern your access to and use of Rithmm’s ("Rithmm," "we," "us," or "our") mobile and web application (the “App”), website (rithmm.com), and all related services, features, content, and tools (collectively, the "Services").
By creating an account, downloading the App, or by otherwise accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services. Review the Terms carefully prior to use and each time you return as these Terms are subject to change.
1. Rithmm and the Services
- 1.1. Nature of the Services. Rithmm offers sports predictions, analytics, player prop forecasts, parlay analysis, custom predictive modeling tools, bet slip building tools, and related informational content for entertainment and informational purposes only. Rithmm is NOT a sportsbook, gambling operator, casino, prediction market, or betting platform. Rithmm does NOT hold or transfer funds for gambling or other purposes. Rithmm does NOT accept, place, book or process wagers. Rithmm is NOT a party to any wager you may choose to place with a sportsbook, gambling operator, casino, prediction market, or betting platform, and has no responsibility or liability whatsoever in connection with any of your wagers.
- 1.2. Changes to the Services and These Terms. We may modify, suspend, or discontinue any part of the Services, including supported sports, leagues, features, or models, at any time. We may update these Terms from time to time. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Services.
- 1.3. Decisions to Wager Are Yours Alone. Any decision to place a wager with any sportsbook, gambling operator, casino, prediction market, or betting platform is made at your sole and exclusive discretion and risk. Should you decide to use any information appearing in or generated by the Services as a basis for making any wager-related decisions — including but not limited to via a bet slip handoff — you are doing so at your sole and exclusive discretion and risk. Any and all wagering choices and decisions are ones for which you take full and complete responsibility, and for which Rithmm has no responsibility or liability.
- 1.4. No Guarantee of Outcomes. Sports outcomes are inherently unpredictable. The content made available or generated by or through the Services and any AI Features (as defined below) are statistical estimates and not guarantees. A prediction with a high stated probability can and frequently will be wrong. Past performance of any model, pick, or strategy is not indicative of future results.
- 1.5. AI Features. The Services include features powered by artificial intelligence and machine learning, including our predictive models, model outputs, win probabilities, “Smart Signals,” AI Parlay Builder, and our AI assistant, Scout (collectively, “AI Features”). AI Features may generate outputs that appear authoritative but are not verified and may contain errors. AI Features can produce plausible-sounding but inaccurate or fabricated information. This includes statistics, injury reports, odds, lines, schedules, rules interpretations, and any other factual statements that are incorrect. Content and outputs generated by AI Features — including but not limited to responses generated using Scout — may be incomplete, outdated, or simply wrong. You should independently verify any information from an AI Feature before relying on it, particularly before placing a wager. Rithmm does not guarantee the accuracy, completeness, or reliability of any elements of the Services, including AI-generated output.
- 1.6. Inputs. You are responsible for the prompts, questions, and other content you submit to AI Features (“Inputs”). You are prohibited from submitting sensitive personal information (such as financial account numbers, government identifiers, or health information) to the Services, including any AI Features. You agree that we and our service providers may process and use Inputs and Outputs (as defined below) for any purpose, including but not limited to, for operating, providing, maintaining, securing, developing and improving the Services, including to train and improve our AI Features, in accordance with our Privacy Policy.
- 1.7. Outputs. As between you and Rithmm, outputs generated by the Services, including from AI Features (“Outputs”), are part of the Services and constitute Rithmm intellectual property. Outputs are not a recommendation, solicitation, or instruction to place any particular wager. No output from Scout or any other AI Feature creates any guarantee of any outcome.
- 1.8. Scout-Built Bet Slips. If any AI Feature, including Scout, assists you in building a draft bet slip, the bet slip is generated by automated systems based on outputs from predictive models and the information you provide. Any bet slip Scout builds is a draft. Scout does not and cannot place a bet for you. If you choose to place a bet, you must review the slip and complete the one-touch handoff to a third-party sportsbook or prediction market, at which point you leave the Rithmm app and the third-party’s terms, odds, and lines govern. You are solely responsible for reviewing every leg, line, odd, and stake on any Scout-built bet slip before placing it, and for the decision to place it at all. Odds, lines, and availability may differ on the third-party platform. Bet slips based on user-created models reflect those users’ model configurations, which Rithmm does not verify or endorse. Scout's recommendations carry no guarantee of accuracy or profitability, and recommended bets can and will lose.
- 1.9. Not Financial or Professional Advice. The Services are not designed or intended to be used to make any financial decisions. Rithmm does not provide, and nothing in the Services constitutes or should be deemed to constitute, financial, investment, legal, or professional advice, and you may not use or rely on Rithmm or the Services, including AI Features or Outputs, for such purposes.
- 1.10. Compliance with Law. You are solely responsible for complying with any applicable laws in connection with your use of the Services. You are likewise solely responsible for ensuring that any sports wagering that you choose to engage in is legal in your jurisdiction and for complying with all applicable laws before placing any wager with any third party.
- 1.11. Termination and Suspension. Without limitation of Rithmm’s other rights, Rithmm may terminate or suspend your access to the Services for any violation of the provisions of these Terms or for any reason whatsoever at its sole discretion and without prior notice. Rithmm may suspend or terminate or modify the Services in whole or in part at any time in its sole discretion and without prior notice.
- 1.12. Privacy. Your use of the Services is governed by our Privacy Policy, available at https://www.rithmm.com/privacy, which is incorporated into these Terms by reference.
2. Eligibility
- 2.1. Eligibility Requirements. The Services are not directed to, and may not be used by, anyone under the age of twenty-one (21). You must be at least twenty-one (21) years of age to use the Services. By creating an account, downloading the App, or by otherwise accessing or using the Services, you represent and warrant that you meet this age requirement, have the legal capacity to enter into these Terms, and are not prohibited from using the Services under any applicable law.
- 2.2. Exclusion. You may not use the Services if you have self-excluded from gambling or gambling-related services in any jurisdiction, or if you are on any applicable exclusion list.
3. Account Registration and Security
- 3.1. Account Registration. To use the Services and/or to access certain features, you must create an account with Rithmm and provide accurate, current, and complete information, and keep that information updated. You may register only one account. Accounts are personal to you and may not be sold, transferred, shared, or assigned. We may suspend or terminate your account if any information you provide is inaccurate, fraudulent, or violates these Terms.
- 3.2. Login Credentials. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at support@rithmm.com of any unauthorized use.
- 3.3. No Account Sharing. Account sharing is strictly prohibited. You may not share your login credentials with, or permit access to your account by, any other person. We can and will suspend or terminate accounts that show signs of shared use.
- 3.4. Usernames. You may not use a username that impersonates another person or entity, infringes any trademark or other right of any third party, or is offensive, vulgar, or obscene. We may reclaim or require you to change any username for any reason, at our sole and exclusive discretion.
- 3.5. Account Related Communications. By creating an account, downloading the App, or by otherwise accessing or using the Services, you consent to receive transactional and service communications from us, and you agree that we may send you newsletters, marketing, and promotional communications. You may opt out of marketing communications at any time via the unsubscribe link in our emails, your notification settings, or by contacting support@rithmm.com. Opting out of receiving newsletters, marketing, and promotional communications does not affect service or transactional communications.
4. Subscriptions and Payments
- 4.1. Subscription Plans, Renewals and Cancellations. Certain Services or features of Services may require a paid subscription. Available plans, pricing, and billing periods are described in the App or on our website at the time of purchase. Subscriptions renew automatically at the end of each billing period at the then-current rate unless cancelled at least twenty-four (24) hours before the end of the then-current billing period. You may cancel a subscription at any time through your Apple App Store or Google Play Store (each, an “App Marketplace”) subscription settings or your account settings on our website. Cancellation takes effect at the end of the then-current billing period. We reserve the right to refuse, cancel, or reverse any order or subscription at any time and for any reason.
- 4.2. Billing and Payments. Subscriptions purchased through an App Marketplace are billed through your App Marketplace account and are subject to that store’s payment terms. Subscriptions purchased on our website are billed to the payment method you provide. You represent and warrant that you have the legal right to use any payment method you provide and that all billing information you supply is true, correct, and complete. We may use third-party payment processors, and by submitting payment information, you authorize us to share it with those processors in accordance with our Privacy Policy.
- 4.3. Free Trials. We may offer free trial periods (for example, a 7-day free trial). Unless you cancel before the trial ends, your paid subscription will begin automatically upon the trial ending and your payment method will be charged. Free trials are limited to one per person unless otherwise stated, and we reserve the right to determine trial eligibility, and to suspend or discontinue free trial periods or eligibility for any reason, in our sole discretion.
- 4.4. Price Changes. We may change subscription pricing. Price changes take effect at the next renewal after we provide notice of the subscription pricing change. Your continued use after the change constitutes acceptance of the price change.
- 4.5. Refunds. Except where required by law or by applicable App Marketplace policy, all payments are non-refundable, including for partially used billing periods.
- 4.6. Service Availability. The Services may be unavailable from time to time due to maintenance, updates, technical failures, third-party data or infrastructure outages, or other causes within or beyond our control. You will not be entitled to any refund, credit, price reduction, or extension of your subscription from Rithmm for any downtime, outage, interruption, delay, error, or unavailability of the Services or any feature of the Services, regardless of duration or applicable App Marketplace policy, if any. We do not guarantee that the Services will be available at any particular time, including before, during, or after any particular game or event.
- 4.7. Promotions. We may offer contests, sweepstakes, discounts, promo codes and other promotions (“Promotions”), which may be governed by additional or separate rules, which will be presented to you as part of your optional participation in the Promotion. If Promotion rules conflict with these Terms, the Promotion rules control with respect to that conflict for that Promotion only. We may modify or cancel any Promotion at any time.
5. Intellectual Property, Restrictions and Prohibited Uses
- 5.1. Ownership of the Services. Rithmm and/or its licensors exclusively own and retain all right, title and interest in and to the Services, including Outputs, including all associated intellectual property rights. You neither own nor hereby acquire any claim or right of ownership to the Services or to any related patents, copyrights, trademarks or other intellectual property. Selling, packaging, or distributing the Services, including any Outputs, in any form or through any channel, is strictly prohibited.
- 5.2. User Content. You grant Rithmm a worldwide, non-exclusive, irrevocable, royalty-free, sublicensable, and transferable license to use, copy, distribute, store, create derivative works of, and display any content or information you upload, submit, store, send, receive or otherwise provide to Rithmm in connection with your access and use of the Services, including Inputs (collectively, “User Content”), for any purpose. You are solely responsible and liable for your User Content. You represent and warrant that you have all rights necessary to grant the above license and that your User Content does not violate any law or third-party right. We may remove from the Services or moderate any User Content at our discretion. If you cease use of the Services, Rithmm will retain the right to use the User Content in accordance with Rithmm’s Privacy Policy.
- 5.3. Rithmm Generated Content. The Services may allow you to build custom predictive models, copy models created by other users, create picks, share picks, or post other content (“Rithmm Generated Content”). Rithmm Generated Content created by you or other users is not reviewed, validated, endorsed, verified, or guaranteed by Rithmm. Rithmm and/or its licensors exclusively own and retain all right, title and interest in and to the Rithmm Generated Content, including all associated intellectual property rights
- 5.4. Feedback. Upon request or otherwise, you may from time-to-time provide comments, feedback, suggestions, graphics, ideas, and other information or materials to Rithmm concerning the Services (collectively, “Feedback”). You irrevocably assign to Rithmm all rights in any such Feedback, which is and will remain the exclusive property of Rithmm.
- 5.5. Branding and Trademarks. “Rithmm,” the Rithmm logo, and related marks, names, and branding are trademarks of Rithmm Inc. No license or right to use any Rithmm branding is granted under these Terms. You may not use Rithmm branding for any purpose — including in domain names, social media handles, advertising, merchandise, or in connection with any product or service — without our prior written consent. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
- 5.6. Third-Party Data. Sports data, statistics, odds, and related information in the Services may be supplied in part by third-party data licensors. You may not copy, extract, scrape, store, redistribute, or commercially exploit any third-party data that is part of the Services. Third-party data is provided on an as is and as available basis. Neither Rithmm nor its data licensors warrant its accuracy, timeliness, or completeness, and Rithmm's data licensors shall have no liability to you arising from or in connection with your use of the Services.
- 5.7. No Team or Player Affiliations. Team names, player names, and league references in the Services are used for informational purposes. Rithmm is not affiliated with, endorsed by, or sponsored by any sports league, team, or governing body, including the NFL, NBA, MLB, NCAA, WNBA, FIFA, or PGA.
- 5.8. Copyright Complaints (DMCA). We respect the intellectual property rights of others and respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). If you believe content on the Services infringes your copyright, send a written notice to our designated agent at dmca@rithmm.com / 675 VFW Parkway, Chestnut Hill, MA 02467 including: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location on the Services; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
6. User Representations and Warranties
You warrant and represent to, and for the benefit of, Rithmm that:
- (a) You have all requisite capacity, power and authority to enter into and perform all obligations under these Terms, including to access and use the Services;
- (b) You are twenty-one (21) years of age or older and are not barred from using the Services under applicable law;
- (c) You understand that these Terms constitute your legal, valid and binding obligation, enforceable against you in accordance with these Terms;
- (d) You are sophisticated, experienced and knowledgeable, and you have formed your own independent judgment regarding the benefits and risks of using the Services;
- (e) 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 you not listed on any U.S. Government list of prohibited or restricted parties.
- (f) You have the right and authority to submit your User Content and that neither the User Content nor any part thereof infringes the intellectual property rights or any other rights of any third party;
- (g) Any Feedback that you submit, to the best of your knowledge, does not utilize proprietary or confidential information belonging to any other person;
- (h) You will comply with all applicable international, national, state, regional and local laws and regulations;
- (i) You will not buy, sell, rent, or lease access to the Services, including any Outputs;
- (j) You will only use the Services for your own personal, non-commercial benefit, and you will not allow any third party to use the Services;
- (k) You will not use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or these Terms;
- (l) You will not provide false or misleading information to Rithmm;
- (m) You will not use the Services in any manner that could interfere with, disrupt or otherwise negatively affect the integrity or performance of the Services;
- (n) You will not reverse engineer any aspect of the Services or do anything that might discover source code, algorithms or underlying models of the Services, or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services;
- (o) You will not use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the Services or their functionality;
- (p) You will not access the Services through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by Rithmm;
- (q) You will not collect or harvest data from our Services that would allow you to contact other users or use any such data to contact other users;
- (r) You will not introduce, nor permit any person to introduce, into the Services, any viruses, malware, malicious or technologically harmful code that would impair the operation of the Services, or of Rithmm’s computers, networks, or other devices or software; and
- (s) You will not attack the Services via denial-of-service or similar attacks.
6.1. Prohibited Uses. You may not:
- (a) Reproduce, duplicate, copy, sell, resell or otherwise exploit any content made available on the Services, including any Outputs, for any commercial purpose without express written consent of Rithmm;
- (b) Share, lend, or permit any other person to use your account or login credentials;
- (c) Sell, resell, license, sublicense, redistribute, republish, or otherwise commercially exploit the Services or Output or any content from the Services, including but not limited to any predictions, picks, Smart Signals, models, probabilities or other data, whether for payment or for free, including through pick-selling services, subscription groups, Discord servers, social media channels, or any other medium;
- (d) Use the Rithmm name, logo, trademarks, or any other Rithmm branding in any manner — including in connection with any product, service, website, social media account, or marketing — without our prior written permission, which may be withheld in our sole discretion;
- (e) Use the Services to develop any product or to train any machine learning or AI system;
- (f) Circumvent any access controls, paywalls, or usage limits;
- (g) Use the Services for any unlawful purpose, including but not limited to unlawful gambling, or use the Services in any jurisdiction where use of the Services is prohibited, if any;
- (h) Impersonate Rithmm, its employees, another user, or any other person or entity;
- (i) Transmit spam, chain letters, or other unsolicited advertising or promotional material through the Services;
- (j) Attempt to gain unauthorized access to the Services, other users’ accounts, or any server, system, or database connected to the Services;
- (k) Frame the Services, access them through any unauthorized interface, or display them in a way that suggests the existence of a relationship between Rithmm and any third party;
- (l) Collect, harvest, or access information about other users; or
- (m) transmit or post content that is unlawful, defamatory, obscene, harassing, hateful, or that promotes violence.
7. Third-Party Services
- 7.1. Third-Party Services. The Services may contain links to, or integrations with, third-party websites, sportsbooks, prediction markets, or other services. We do not control and are not responsible for third-party content, products, services, odds, payouts, account practices, or terms.
- 7.2. Bet Slips and Third-Party Handoff. The Services may allow you to build a bet slip within the Services and to be redirected to a third-party sportsbook or prediction market. Any bet slip you build in Rithmm is informational only. If you use this feature and are redirected to a third-party, you leave the Services, and any bet you may choose to place is completely separate from, and independent of, Rithmm, and occurs entirely on the third-party’s platform. Once you leave the Services, including the App, your use of any third-party platform — including account registration, deposits, wagers, withdrawals, and any disputes — is governed exclusively by that platform's terms and applicable law. The third party’s own terms, odds, lines, and availability govern any wagers you place with such third party. Odds or lines displayed in Rithmm may differ from those available on the third-party platform at the time you place your bet.
- 7.3. Sportsbook or Prediction Markets. Your relationship with any sportsbook or prediction market is solely between you and that third party. Rithmm is not responsible or liable for any activity you engage in with any third-party platform, including but not limited to any bet that is rejected, mispriced, voided, settled incorrectly, or otherwise handled by the third party, and any disputes regarding your activity with any third-party platform must be addressed to, and resolved with, the sportsbook or prediction directly. You are responsible for confirming that any sportsbook or prediction market you elect to use is licensed and legal in your jurisdiction, and that you meet its eligibility requirements.
- 7.4. Disclaimers.
- (a) THE SERVICES AND ALL OUTPUT, CONTENT, PREDICTIONS, MODELS, AND DATA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, TIMELINESS AND NON-INFRINGEMENT.
- (b) WITHOUT LIMITING THE FOREGOING, RITHMM DOES NOT WARRANT THAT: (1) ANY PREDICTION, PICK, PROBABILITY, OR MODEL OUTPUT WILL BE ACCURATE OR PROFITABLE; (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (3) ANY DATA OR CONTENT OR OUTPUTS (INCLUDING BUT NOT LIMITED TO INJURY REPORTS, ODDS, OR STATISTICS) WILL BE CURRENT, COMPLETE, OR CORRECT.
- (c) RITHMM WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR NOT TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON OR ACCESSED THROUGH THE SERVICES. RITHMM DOES NOT AND CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE TO RITHMM.
- (d) YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE SERVICES, AND ANY WAGERING DECISIONS YOU MAKE, ARE AT YOUR SOLE RISK. YOU MAY LOSE MONEY WAGERING, AND RITHMM HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH LOSSES.
- (e) IF YOU LIVE IN A STATE THAT DOES NOT ALLOW WARRANTIES TO BE LIMITED OR DISCLAIMED, SOME OR ALL OF THESE PROVISIONS MAY NOT APPLY TO YOU, BUT THEY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- 7.5. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RITHMM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, OR FOR ANY LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY GAMBLING OR WAGERING LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RITHMM'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO RITHMM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
8. Indemnification
You agree to indemnify, defend, and hold harmless Rithmm and its officers, directors, employees, agents and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising out of or related to: (a) your use or misuse of the Services; (b) User Content; (c) your violation of these Terms; (d) your violation of any law or third-party right; or (d) your relationship with any third party or third party platform, including but not limited to any wager you place with any third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense. You may not settle any claim covered by this Section without our prior written consent.
9. Agreement to Arbitrate
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
9.1. Binding Arbitration
- (a) You and Rithmm agree that we will resolve any and all disputes and claims that relate in any way to, or arise out of, this or previous versions of these Terms, the Rithmm Privacy Policy or your use of or access to the Services exclusively by final and binding arbitration through the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (the “Rules”), by one commercial arbitrator with substantial experience in resolving commercial disputes involving technology and artificial intelligence, who shall be selected from the appropriate list of AAA arbitrators in accordance with the Rules. The Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
- (b) YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS AND USING THE SERVICES, YOU AND RITHMM ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR CONSOLIDATED PROCEEDING OF ANY KIND.
- (c) YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO RITHMM, 675 VFW PARKWAY #314, CHESTNUT HILL, MA 02467.
- (d) The Opt-Out Notice must contain your name, address (including street address, city, state and zip code), email address, and information evidencing the date you accepted these Terms for the first time. The Opt-Out Notice must contain all of this information and be signed by you for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
- (e) If you intend to seek arbitration against Rithmm, you must first send to Rithmm, by certified mail to Rithmm, 675 VFW Parkway #314, Chestnut Hill, MA 02467, a notice of dispute (“Arbitration Notice”) that describes the nature and basis of the claims you seek to assert and the relief sought. If you and Rithmm are unable to resolve the claims described in the Arbitration Notice within 30 days after the Arbitration Notice is sent, you or Rithmm may initiate arbitration proceedings in accordance with the AAA Rules.
- (f) The arbitration will take place in Boston, Massachusetts or another location we both agree upon. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If the value of the relief sought in arbitration is $10,000 or less, either party can choose to have the arbitration conducted by telephone or online videoconferencing platform, or based solely on written submissions, which election shall be binding on both parties.
- (g) Unless you and Rithmm agree otherwise, in the event that the Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute, either as a result of your decision to Opt-Out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Rithmm must be resolved exclusively by a state or federal court located in Boston, Massachusetts. Each of you and Rithmm irrevocably agree to submit to the personal jurisdiction of the state and federal courts located in Boston, Massachusetts and waive all objections to this venue.
10. Termination and Suspension
You may stop using the Services and delete your account at any time. We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to violation of these Terms and suspected fraud or abuse. Upon termination, your ability to use the Services ends immediately.
11. Apple/Google Terms
11.1. If you downloaded the app from an App Marketplace, the App Marketplace terms also apply, and the App Marketplace is a third-party beneficiary of these Terms with the right to enforce them against you.
11.2. Without limiting the foregoing, you agree and acknowledge:
- (a) These Terms between you and us, and not with an App Marketplace, and we, not App Marketplace, are responsible for the Services.
- (b) The App Marketplace has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
- (c) In the event of any failure of the Services to conform to any applicable warranty (if any), you may notify the App Marketplace, and the App Marketplace will determine whether to refund the purchase price for the Services to you; to the maximum extent permitted by applicable law, the App Marketplace 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 Your sole responsibility.
- (d) As between the App Marketplace and us, we, not the App Marketplace, are responsible for addressing any claims you or any third party may have relating to 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.
- (e) 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, as between the App Marketplace and us, we, not the App Marketplace, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- (f) The App Marketplace, and the App Marketplace’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of the Terms, the App Marketplace will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
12. General Provisions
- 12.1. Entire Agreement. These Terms, together with the Privacy Policy and any additional terms presented to you within the Services, constitute the entire agreement between you and Rithmm regarding the Services.
- 12.2. Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
- 12.3. No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
- 12.4. Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms.
- 12.5. Survival. Sections of these terms that by their nature should survive termination will survive.
- 12.6. Force Majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
- 12.7. Notices. We may provide notices required by law or these Terms by posting them on the Services, in-app, or by email to the address associated with your account; such notices are effective when posted or sent. You are responsible for keeping your contact information current.
13. Contact Us
If you have questions about these Terms, contact us at:
Rithmm, Inc. 675 VFW Parkway #314 Chestnut Hill, MA 02467 Email: support@rithmm.com
By using Rithmm, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.