Terms of Use

RYTHMEET INC.

Website Terms of Use

Last Modified: April 29, 2025

Effective Date: April 30, 2025

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and Rythmeet Inc. (“Company,”
“Rythmeet,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.rythmeet.com, including any content, functionality, and services offered on or through www.rythmeet.com (the “Website”), as a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.rythmeet.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, or any documents incorporated by reference, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States (including its territories and possessions), the United Kingdom, Canada, or a member state of the European Union. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2. About Rythmeet

Rythmeet is an online platform designed to connect musicians, producers, teachers, and music professionals across borders. Created with the goal of fostering creative collaboration and community in the music industry, Rythmeet brings together people with a shared passion for music through three core features:

• Community: Rythmeet allows users to create detailed profiles—whether as solo artists, bands, teachers, or collaborators—to showcase their work, find like-minded individuals, and form meaningful professional connections. It functions as a social network tailored specifically for the music world.
• Marketplace: Our peer-to-peer listing platform enables users to post and browse music-related items or services. While no monetary transactions take place through Rythmeet at this stage, the feature is designed to promote visibility, accessibility, and informal exchanges between users—similar to community boards.
• Spaces and Services: This feature helps users find and offer physical spaces like rehearsal rooms, recording studios, or lesson spaces. Inspired by the convenience of short-term rental models, it is intended to help musicians access the environments and tools they need to create.

Rythmeet operates in select jurisdictions and is committed to complying with applicable legal and regulatory requirements in each operating region. The platform is accessible in English, French, and Spanish, and only available to users aged 18 and over. User access may be restricted based on location in order to comply with applicable laws and maintain platform security.

Rythmeet is committed to empowering the global music community—creating a space where artists can connect, collaborate, and thrive.

3. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Arbitration Sections will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so that you are aware of any changes, as they are binding on you.

4. Accessibility

The Company is committed to making the Website accessible to all persons, including individuals with disabilities. We are continuously working to enhance the usability of our digital properties in accordance with the Web Content Accessibility Guidelines (WCAG) 2.1 at the AA level and other applicable accessibility statutes and regulations.

If you experience difficulty accessing any part of the Website or require an accommodation to obtain information in an alternative format, please contact us at support@rythmeet.com. Please describe the nature of the accessibility issue and your preferred method of receiving the information. We will make reasonable efforts to respond within ten (10) business days and provide the requested content or take other appropriate action. As standards evolve, we may update this clause or publish a separate Accessibility Statement.

5. Intellectual Property

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one (1) copy of up to ten (10) individual pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any applicable end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from the Website.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will stop immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other applicable laws.

6. Trademarks

The Company name, the term Rythmeet or Rythmeet Inc., the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

7. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• Transmit, or procure the sending of, any advertising or promotional material—other than a Listing (as defined in Section 9) or other content expressly permitted under these Terms and posted through the Website’s designated features—without the Company’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

8. User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third-parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third-party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

9. User Listings; Marketplace, Services, and Rental Spaces

The Website may allow users to post listings for music-related items, services (including but not limited to music lessons, tutoring, and coaching), and physical spaces available for rent, including rehearsal rooms, recording studios, and lesson spaces (collectively, “Listings”).

Definition: “Listing” means a user-generated post, profile, or advertisement that (a) is created through the Website’s designated Marketplace, Spaces, or Community features, and (b) complies with these Terms, the Content Standards, and any additional guidelines the Company may publish.

Listings constitute “User Contributions” under these Terms of Use and are subject to all applicable terms regarding User Contributions, including the Content Standards. All Listings are created and provided by users, not by the Company.

You acknowledge and agree that:

• The Company does not verify, endorse, guarantee, or assume responsibility for any Listings, or for any items, services, tutoring or teaching services, rental spaces, or other offerings made through Listings.
• The Company makes no representations regarding the quality, legality, safety, condition, accuracy, or suitability of any Listings.
• The Company does not inspect, manage, or control any listed items, services, tutoring offerings, rental spaces, or other user-provided content.
• The Company is not a party to, and has no obligation to monitor, mediate, or enforce, any communications, interactions, agreements, or transactions between users, whether initiated on or through the Website or otherwise.

Users posting Listings represent and warrant that:

• They have all necessary rights, licenses, certifications (where applicable), permissions, and authority to offer, provide, rent, or list the relevant item, service, or rental space.
• Their Listings are truthful, lawful, and do not infringe any third-party rights, including intellectual property, privacy, contractual, or property rights.
• Any services offered, including tutoring or teaching, and any rental spaces listed, comply with all applicable laws, regulations, and safety, health, and zoning requirements.

Users posting Listings agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• The content of any Listings;
• Any communications, interactions, transactions, or disputes with other users;
• Any injury, property damage, financial loss, dissatisfaction, or other harm related to listed items, services (including tutoring or teaching), or rental spaces.

You agree that Company will not be liable to you or any third-party for any loss, injury, damages, or other claims arising out of or relating to Listings, including but not limited to disputes between users, failed transactions, unsatisfactory services, unsafe rental conditions, property damage, financial loss, personal injury, or wrongful death.

Your reliance on, and use of, any Listings and your participation in any related communications, interactions, or transactions are at your sole risk.

10. Fees

Currently, the posting and browsing of Listings are provided free of charge. However, the Company reserves the right, at any time and in its sole discretion, to impose, modify, or remove fees associated with the posting, promotion, or access to Listings, effective upon notice provided through updates to these Terms of Use or by other means of communication deemed reasonable by the Company.

11. Payments and Transactions Between Users

The Company does not currently offer payment-processing or invoicing services for any Listings. Any payment for items, services, or rental spaces posted on the Website is arranged exclusively between the user who posted the Listing and the user who acquires the item, service, or rental space.

Users are solely responsible for all aspects of their transactions, including, without limitation:

• Negotiating price, payment method, delivery terms, and any other contractual conditions.
• Complying with all applicable laws, regulations, taxes, duties, licenses, and reporting obligations.
• Resolving any and all disputes, chargebacks, refunds, or other claims that may arise from the transaction.

The Company is not a party to, and disclaims any agency, partnership, joint-venture, or employment relationship arising out of, any user-to-user transaction. The Company makes no representations or warranties regarding the safety, legality, quality, or payment integrity of any user-to-user transaction and shall not be liable for any loss, damage, injury, or claim arising therefrom, except to the extent liability cannot be disclaimed under applicable law.

The Company reserves the right, at any time and in its sole discretion, to introduce, modify, or discontinue any payment-processing services for Listings—and to establish or adjust any related fees—effective upon notice provided through updates to these Terms of Use or by other means of communication deemed reasonable by the Company.

12. Third-Party Sites and Services

The Website may contain links to, or integrations with, third-party websites, products, services, or resources (collectively, “Third-Party Services”). These links and integrations are provided solely for your convenience. The Company does not control, endorse, or assume any responsibility for Third-Party Services, their content, privacy policies, or practices.

If you choose to access or use any Third-Party Service, you do so entirely at your own risk and are subject to the terms and conditions of use and privacy policies applicable to such service. The Company shall not be liable for any loss or damage arising out of or relating to your use of, or reliance on, any Third-Party Service.

Any reference or link to Third-Party Services does not constitute or imply the Company’s endorsement, sponsorship, or recommendation of the third party or its products or services.

13. Giveaways, Referral Programs, and Promotional Offers

From time to time, the Company may run giveaways, referral programs, sweepstakes, or similar promotional offers (collectively, “Promotions”). Participation in any Promotion constitutes your acceptance of this Section and of any additional terms contained in the applicable promotional materials (“Promotional Rules”). If a conflict arises between these Terms and the Promotional Rules, the Promotional Rules control.

• Eligibility: Promotions are open only to natural persons who (i) satisfy the general eligibility requirements in Section 1, (ii) hold an active Rythmeet account in good standing, and (iii) meet any additional conditions stated in the Promotional Rules. Promotions are void where prohibited by law. No purchase is necessary to enter or win unless expressly stated in the Promotional Rules.
• Referral Codes and Links. Upon account creation, each user is assigned a unique referral code and referral link (each, a “Referral Code”), visible in the user’s “Account” section. You may share your Referral Code only by copying and pasting the exact code or URL supplied by the Company. A “Qualified Referral” occurs when a new user who has never previously held a Rythmeet account (a) accesses the Website exclusively through your Referral Code and (b) completes registration in full compliance with these Terms and the Promotional Rules. All Qualified Referrals are added to an administrator-only referral list used solely for winner selection. The Company may audit and disqualify any suspected fraudulent, duplicate, automated, or otherwise invalid referrals.
• Winner Selection and Claim Period. Administrators will periodically select a prospective winner from the referral list using a random method. The selected individual will have thirty (30) days from notification to claim the prize in the manner specified by the Company. If the prize is not claimed within that period, the Company may select an alternate winner under the same procedure, and the original prospective winner will forfeit all rights to the prize.
• Prizes may consist of physical items (for example, musical instruments or equipment) or digital or physical gift cards redeemable at designated third-party retailers, as set forth in the Promotional Rules. The Company may substitute a prize of equal or greater value if a stated prize becomes unavailable.
• Prize Condition; No Warranty; Third-Party Fulfillment. All prizes are awarded “AS IS,” without any express or implied warranty of any kind, including, without limitation, warranties of merchantability, non-infringement, fitness for a particular purpose, title, or quiet enjoyment. The Company is not responsible for (i) delivery logistics, (ii) shipping delays, loss, or damage in transit, or (iii) any failure by third-party partners, retailers, or service providers to honor coupons, gift cards, or other prize-related commitments.
• Taxes and Expenses. All federal, state, provincial, and local taxes and any other costs or expenses associated with prize acceptance and use are the sole responsibility of each winner. Winners may be required to complete and return tax forms and provide any additional information the Company reasonably requests for tax-reporting purposes.
• Release and Indemnification. By participating in a Promotion, you release, defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, losses, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to (i) your participation in the Promotion, (ii) the acceptance, possession, use, or misuse of any prize, or (iii) any breach of these Terms or the Promotional Rules.
• Except where prohibited by law, participation in a Promotion constitutes each winner’s consent for the Company to use the winner’s name, likeness, voice, city and state of residence, and prize information for advertising and promotional purposes, in any media, worldwide, without additional compensation or notice.
• Modification or Cancellation. The Company may cancel, terminate, modify, or suspend any Promotion, or amend the Promotional Rules, at any time and for any reason, including, without limitation, if any virus, bug, tampering, fraud, technical failure, or other cause beyond the Company’s reasonable control corrupts the administration, security, fairness, or proper conduct of the Promotion.

14. Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted.

15. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales other than a Listing (see “Listing” definition in § 9) or other content expressly permitted under these Terms and posted through the Website’s designated features (for example, the Marketplace or Spaces).
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

16. Reliance on Information Posted

The information presented on or through the Website is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Website, or anyone who may be informed of any of its contents.

The Website may include content provided by third-parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and reporting services. All statements and/or opinions expressed in these materials, and all articles, responses to questions, and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third-party for the content or accuracy of any materials provided by any third-parties.

17. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

20. Force Majeure

The Company shall not be liable for, nor be deemed in breach of, any delay or failure to perform its obligations under these Terms of Use when and to the extent such delay or failure is caused by abnormal or unforeseeable circumstances beyond the Company’s reasonable control, the consequences of which could not have been avoided through commercially reasonable diligence. Such events include, but are not limited to:

• acts of God, earthquakes, floods, fires, storms, or other natural disasters;
• war, invasion, hostilities, terrorism, sabotage, riot, or civil unrest;
• pandemics, epidemics, or other public-health emergencies;
• embargoes, blockades, or sanctions;
• acts, orders, or restraints of civil, military, or judicial authorities;
• enactment, amendment, suspension, or revocation of any statute, regulation, license, permit, or other governmental requirement that makes performance illegal, impracticable, or commercially unreasonable;
• industry-wide strikes, lockouts, or other labor disputes;
• shortages or failures of adequate power, fuel, raw materials, or transportation facilities;
• breakdown, interruption, or degradation of the Internet, telecommunications networks, or third-party hosting services; and
• any other comparable catastrophic event or circumstance beyond the Company’s reasonable control.

The Company’s time for performance shall be extended for a period equal to the duration of the force-majeure event plus a reasonable time to resume normal operations. The Company will use commercially reasonable efforts to mitigate the impact of any such event but shall have no obligation to procure substitute goods, services, or facilities during its continuance.

21. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule any other jurisdiction.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, in each case located in the City of Wilmington and County of New Castle, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22. Arbitration

At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the State of Delaware.

23. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

24. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

25. Entire Agreement

The Terms of Use, the Privacy Policy, and all other documents incorporated by reference constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

26. Your Comments and Concerns

This website is operated by Rythmeet Inc.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@rythmeet.com.

27. Business Information

Full legal company name: Rythmeet, Inc
Legal form of the company: Corporation
Registered office address: 4545 Center Boulevard, Apartment 3905, 11109, Long Island City, NY, USA
Registered office location: Delaware, USA
Commercial registration number: 10154229
Employer identification number: 33-4671008