Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Rythm ("we," "us," or "our") governing your use of the Rythm email delivery credit service ("Service") operated at app.rythm.xyz.

By creating an account, connecting an email provider, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (incorporated herein by reference), our Sub-Processors List (available at /sub-processors), and any additional policies referenced in these Terms.

If you do not agree with these Terms, do not create an account or use the Service.

2. Definitions

• "Service" means the Rythm email paywall application, website, and related features available at app.rythm.xyz.
• "User," "Inbox Owner," or "you" means any individual who creates a Rythm account and connects an email provider via OAuth 2.0.
• "Sender" means any person who sends an email to your connected email account. Senders are not Rythm users and do not have accounts with us.
• "Email Delivery Credits" means the Cashu ecash payment proofs that Senders include in emails to pass through your paywall. These credits are settled directly to your wallet and are never stored by Rythm. Email Delivery Credits may also be referred to as "access passes" in the Service interface.
• "Approved Sender Whitelist" means the list of email addresses and domains that you configure to bypass your paywall.
• "Cashu Mint" means a third-party server that issues, verifies, and redeems Cashu ecash proofs in accordance with the Cashu protocol. Rythm does not operate any Cashu Mint.
• "Lightning Network" means the peer-to-peer payment network built on Bitcoin that facilitates instant settlement of Email Delivery Credits to your wallet.
• "Personal Information" has the meaning given in our Privacy Policy, consistent with the California Consumer Privacy Act (CCPA) and applicable state privacy laws.
• "Promotional Code" means a redeemable code that may provide discounts, credits, or extended trial periods for the Service, subject to the terms specified at the time of issuance.

3. Eligibility & Geographic Restrictions

The Service is available only to individuals who meet all of the following criteria:

• At least 18 years of age.
• A legal resident of the United States.
• Not located in, or a citizen or resident of, any country or region subject to U.S. government sanctions, including but not limited to Iran, North Korea, Cuba, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine.
• In possession of a valid Google (Gmail) or Microsoft (Outlook) email account that you are authorized to connect via OAuth 2.0.

The Service is currently available only within the United States. We do not market, offer, or provide the Service to individuals outside the United States. By creating an account, you represent and warrant that you meet all eligibility requirements. We reserve the right to restrict access based on geographic location and to terminate accounts that do not meet these criteria without notice or refund.

Waitlist. If you join our waitlist prior to receiving access, you agree that we may collect and retain your email address and signup date for up to 12 months, after which your information is automatically deleted. Joining the waitlist does not guarantee or entitle you to access the Service.

4. Account Registration & OAuth Authorization

You create an account by authenticating with your Google or Microsoft account via OAuth 2.0. When you authorize Rythm, you grant us permission to:

• Read incoming email messages to detect Email Delivery Credit proofs embedded in the message body. Email content is processed in temporary server memory and immediately discarded; it is never stored.
• Apply and manage email labels or folders (RYTHM: PAID, RYTHM: REJECTED, RYTHM: PROCESSING, RYTHM: SCAN FAILED) to organize your inbox. These labels are visible only to you and can be removed at any time.
• Read your contacts' email addresses (Google Contacts or Outlook Contacts) during initial setup to build your Approved Sender Whitelist. Only email addresses are accessed; contact names, phone numbers, and other data are never read or stored.

You are responsible for maintaining the security of your account and for all activity that occurs under it. You must not share your session or allow others to access your account. You must notify us promptly at security@rythm.xyz if you suspect unauthorized access.

You may revoke Rythm's access to your email account at any time through your Google or Microsoft account permissions settings. Revoking access will disable the paywall but will not delete your Rythm account. To fully delete your account and all associated data, use the Account Settings in the Rythm dashboard.

5. Service Description & Non-Custodial Architecture

Rythm is an email paywall service that helps you manage your inbox by requiring unknown Senders to include an Email Delivery Credit with their message. Senders on your Approved Sender Whitelist bypass this requirement and reach your inbox directly. Rythm is not an email provider; your emails remain with your email provider (Google or Microsoft) at all times.

Non-Custodial Design

Rythm operates a non-custodial architecture. This means:

• We never hold your funds. Rythm does not hold, store, custody, or have the ability to spend any Email Delivery Credits, Bitcoin, or other digital assets on your behalf.
• Credits settle directly to your wallet. When an Email Delivery Credit is verified, it is immediately redeemed through the issuing Cashu Mint and settled to your personal Lightning wallet address via the Lightning Network. Rythm never takes possession of funds at any point during this process.
• No internal ledger. Rythm does not maintain a balance, wallet, or internal ledger for any User. There is no "Rythm balance" to withdraw.
• No Lightning node. Rythm does not operate a Lightning Network node. All Lightning payments are executed by the Cashu Mint that issued the original Email Delivery Credit proofs.

Revenue Model

Rythm's operational revenue is derived from the difference between the safety buffer (a small amount deducted before settlement to cover Lightning Network routing fees) and the actual routing fee incurred. This difference, typically a few satoshis per transaction, is not a fee charged to you or the Sender. You receive the full settlement amount after routing fees. No explicit fee is charged on Email Delivery Credit transactions.

6. How the Service Works

Email Processing

When an email arrives in your inbox, Rythm processes it as follows:

• Whitelist check: If the Sender is on your Approved Sender Whitelist, the email is delivered normally. No further processing occurs.
• Credit detection: For unknown Senders, the email body is loaded into temporary server memory solely to detect Email Delivery Credit proofs (Cashu ecash proof patterns). Processing takes approximately 1–10 seconds. Server memory is destroyed after each invocation. Email content is never stored, logged, or transmitted to any third party.
• Verification & settlement: If valid credits are detected, they are verified with the issuing Cashu Mint and immediately settled to your Lightning wallet. The email is labeled RYTHM: PAID and delivered to your inbox.
• Rejection: If no valid credits are detected, the email is labeled RYTHM: REJECTED, and the Sender receives a notification with instructions for including an Email Delivery Credit.

What Rythm Does Not Do

• Rythm never deletes your emails. All emails remain in your account.
• Rythm never sends emails as you. Rythm does not have permission to send email on your behalf.
• Rythm never reads email content for any purpose other than detecting Email Delivery Credit proofs. We do not analyze, index, or process email content, attachments, or metadata for advertising, analytics, or AI/ML training.
• Rythm never stores email content. Email bodies are processed in volatile server memory and immediately discarded.

Fail-Open Design

Rythm uses a fail-open design: if our systems experience an issue, your emails are delivered to your inbox normally. You will never miss an email due to a Rythm technical failure.

7. Email Delivery Credits & Payment Settlement

Email Delivery Credits are the mechanism by which unknown Senders gain access to your inbox. The following terms apply to their processing:

• Non-custodial settlement: Rythm never holds Email Delivery Credits on your behalf. Credits are verified with the issuing Cashu Mint and settled directly to your configured Lightning wallet address in a single atomic operation. At no point does Rythm receive, hold, or control any monetary value.
• Transaction finality: Once an Email Delivery Credit is verified and settled via the Lightning Network, the transaction is final and irreversible. Neither Rythm nor the Cashu Mint can reverse a completed settlement. Refunds are not available for settled transactions.
• Failed settlements: If a settlement fails due to a transient error (such as a Cashu Mint timeout or Lightning Network routing failure), Rythm will automatically retry the settlement for up to 48 hours. If all retries are exhausted, the original Email Delivery Credit proof is returned to the User via email for manual recovery. In such cases, the proof data may be transmitted through our third-party email delivery provider (Resend) in transit.
• Wallet responsibility: You are solely responsible for maintaining a valid, functional Lightning wallet address in your account settings. Rythm is not responsible for credits settled to an incorrect, expired, or unreachable wallet address.
• No warranty on credit validity: Rythm verifies Email Delivery Credits against the issuing Cashu Mint at the time of processing. Rythm does not warrant the validity, authenticity, value, or redeemability of any Email Delivery Credit, nor the solvency or reliability of any Cashu Mint.

8. Sender Terms

Senders are not Rythm Users and are not bound by these Terms. However, the following terms describe how the Service interacts with Senders:

• Senders who are not on the Inbox Owner's Approved Sender Whitelist may be required to include an Email Delivery Credit with their message to reach the inbox.
• Rejection notifications are sent to Senders by the Service, informing them of the paywall requirement and providing instructions for obtaining an access pass.
• Once a Sender includes a valid Email Delivery Credit and it is processed, the transaction is irreversible. Senders are responsible for ensuring they send the correct credit denomination.
• Rythm does not transmit Sender identity information (email address, name, or IP address) to any Cashu Mint during the credit verification process. The Cashu protocol is designed to be privacy-preserving.

Rejection notification emails sent to Senders comply with the CAN-SPAM Act (15 U.S.C. § 7701 et seq.) and are classified as transactional or relationship messages, not commercial marketing communications. Senders are not added to any mailing list and receive only the notification directly related to their email.

9. Subscription & Payment

Rythm is a paid subscription service. Subscriptions can be purchased with a credit or debit card (processed by Square) or via Lightning payment (processed by Strike). Current pricing is available at rythm.xyz.

• Subscriptions auto-expire at the end of the billing period. You may cancel at any time from Account Settings. No refunds are provided for partial billing periods, to the fullest extent permitted by applicable law.
• Card payment data is tokenized client-side by Square before reaching Rythm's servers. Rythm never receives, processes, or stores your full card number.
• Card payments are subject to Square's terms of service in addition to these Terms. Lightning payments are subject to the terms of your Lightning wallet provider.
• Pricing is subject to change with at least 30 days' advance notice. Price changes will not affect your current billing period.

Subscription Renewal. Subscriptions are billed on a recurring annual basis. Before each renewal, we will send a reminder notification at least 30 days in advance to the email address associated with your account. If you do not wish to renew, you may cancel from Account Settings before the renewal date. No refunds are provided for partial billing periods, to the fullest extent permitted by applicable law.

Promotional Codes. Promotional Codes are subject to the specific terms and conditions provided at the time of issuance. Unless otherwise stated, Promotional Codes: (a) are limited to one per account; (b) are non-transferable and may not be resold; (c) have no cash value; (d) may expire on a date specified at issuance; and (e) may be revoked if obtained through fraud or abuse. We reserve the right to modify or discontinue any promotional offer at any time.

10. Acceptable Use Policy

You agree to use the Service only for its intended purpose: managing your email inbox by enforcing a paywall for unknown Senders. You must not:

• Use the Service for any illegal purpose or in violation of applicable laws.
• Use the Service to extort, harass, threaten, or coerce Senders, or to demand payment for the purpose of preventing communication rather than managing spam.
• Abuse the rejection notification system. Rejection messages exist to inform legitimate Senders of the paywall requirement. Using the Service to generate excessive, misleading, or harassing rejection messages to Senders, or manipulating paywall settings to weaponize rejections, constitutes abuse and will result in account suspension or termination.
• Attempt to gain unauthorized access to the Service, other accounts, or our infrastructure.
• Interfere with or disrupt the Service, including circumventing rate limits, security controls, or Web Application Firewall (WAF) rules.
• Use the Service to send spam, phishing, or unsolicited bulk messages.
• Reverse engineer, decompile, or attempt to extract the source code of the Service.
• Use the Service to facilitate money laundering, terrorist financing, sanctions evasion, or any other financial crime.
• Resell, sublicense, or provide access to the Service to third parties without our written consent.

We enforce acceptable use through technical controls including rate limiting, automated monitoring, and rejection count thresholds. Violations may result in immediate account suspension or termination without notice or refund.

Monitoring and Enforcement

Rythm reserves the right, but is not obligated, to monitor use of the Service for compliance with this Acceptable Use Policy. We may, in our sole discretion:

• (a) Investigate suspected violations and take any action we deem appropriate, including suspending or terminating your account;
• (b) Disclose your identity or other information to any third party who claims that your use of the Service violates their rights, including intellectual property rights;
• (c) Cooperate fully with law enforcement authorities and comply with court orders requesting or directing disclosure of user information, to the extent required by applicable law;
• (d) Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Service.

You waive and hold harmless Rythm from any claims resulting from any action taken by Rythm during, or as a consequence of, investigations by Rythm or law enforcement authorities, to the fullest extent permitted by applicable law.

11. Third-Party Services & Protocols

The Service relies on third-party services and open protocols. Rythm is not responsible for the availability, accuracy, security, or conduct of any third-party service. The following third-party services are used in providing the Service:

• Google (Gmail API) & Microsoft (Graph API): Email provider integration for paywall enforcement.
• Cashu Mints (public, third-party): Email Delivery Credit verification and settlement. Rythm does not operate any Cashu Mint and is not responsible for the solvency, availability, or conduct of any Cashu Mint.
• Lightning Network: Payment settlement network. Rythm does not operate a Lightning node and does not control Lightning Network routing or availability.
• Square: Card payment processing for subscriptions.
• Strike: Lightning invoice generation for subscription payments. Only invoice amount and currency are shared; no user-identifying information is transmitted.
• Resend: Email delivery for rejection notifications and, in rare failure cases, fund recovery emails.
• Amazon Web Services (AWS): Cloud infrastructure, including data storage, compute, and encryption services.
• Vercel: Web application hosting and frontend delivery for app.rythm.xyz.

Each third-party service is governed by its own terms of service and privacy policy. Your use of the Service constitutes acknowledgment that these third-party services may be involved in processing your data as described in our Privacy Policy.

A complete list of our sub-processors, including their specific data processing purposes and geographic locations, is available at /sub-processors and is updated as our service providers change.

Third-Party Links. The Service and our website may contain links to third-party websites, services, or resources (including Cashu wallet providers, Lightning wallet providers, and protocol documentation). These links are provided for your convenience only. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party site. You access third-party links entirely at your own risk.

12. Email Provider API Compliance

Google API Services

Rythm's use and transfer of information received from Google APIs to any other app adheres to the Google API Services User Data Policy, including the Limited Use requirements.

In accordance with these requirements:

• Rythm accesses Google user data solely to provide the email paywall functionality visible in the Rythm application.
• Rythm does not use Google user data for serving advertisements of any kind.
• Rythm does not sell, transfer, or share Google user data with advertising platforms, data brokers, or information resellers.
• Rythm does not use Google Workspace API data to develop, improve, or train generalized artificial intelligence or machine learning models.
• No employee, contractor, or automated system reads your email content. Human access to Google user data is prohibited except for (a) your explicit consent for support purposes, (b) security investigations, or (c) legal compliance obligations.

Microsoft Graph API

Rythm accesses Microsoft user data (for Outlook users) solely to provide the email paywall functionality visible in the Rythm application. Rythm applies the same data handling commitments to Microsoft user data as described above for Google user data:

• Data is accessed solely to provide the email paywall features requested by the user.
• Data is not used for advertising, AI/ML training, or creditworthiness determinations.
• Data is not sold, transferred, or shared with advertising platforms, data brokers, or information resellers.
• No human reads your email content except for (a) your explicit consent for support purposes, (b) security investigations, or (c) legal compliance obligations.
• Microsoft user data is subject to the same encryption, retention, and deletion practices described in our Privacy Policy.

Rythm's use of the Microsoft Graph API is subject to the Microsoft APIs Terms of Use and the Microsoft Cloud Agreement.

13. Protocol & Network Risk Disclosures

The Service utilizes the Cashu ecash protocol and the Bitcoin Lightning Network for Email Delivery Credit verification and settlement. By using the Service, you acknowledge and accept the following inherent risks:

• Cashu Mint risk: Cashu Mints are third-party services not operated or controlled by Rythm. A Cashu Mint may become unavailable, insolvent, or compromised. Rythm cannot guarantee that any Cashu Mint will honor its obligations.
• Lightning Network risk: Lightning Network payments may fail, be delayed, or incur higher-than-expected routing fees due to network conditions beyond Rythm's control.
• Protocol risk: The Cashu ecash protocol and Lightning Network are evolving open-source technologies. Protocol bugs, vulnerabilities, or changes may affect the Service's functionality or the value of Email Delivery Credits.
• Value fluctuation: The value of Bitcoin (and by extension, Email Delivery Credits denominated in satoshis) fluctuates relative to fiat currencies. Rythm does not guarantee the fiat-equivalent value of any Email Delivery Credit at the time of settlement.
• Irreversibility: Cashu ecash proof redemption and Lightning Network payments are irreversible by design. Once credits are settled, they cannot be recalled, reversed, or refunded by Rythm or any third party.

14. Regulatory Disclaimers

• Not a money transmitter. Rythm is a software service that verifies the validity of Email Delivery Credits. Rythm does not sell, issue, transmit, exchange, or custody any digital assets, virtual currency, or other financial instruments. Rythm does not transmit money or hold customer funds at any point during the Email Delivery Credit verification or settlement process. Rythm is not a money transmitter, money services business, or virtual currency business under federal or New Jersey state law. Rythm acts solely as a verification and routing intermediary between Senders, Cashu Mints, and Users' Lightning wallets.
• Not a financial institution. Rythm is not a bank, wallet provider, custodian, exchange, broker, or financial institution of any kind. Rythm does not provide financial services.
• Not financial advice. Nothing in the Service constitutes tax, legal, financial, investment, or cryptocurrency advice. You should consult appropriate professionals regarding your specific circumstances.
• Regulatory changes. The legal and regulatory landscape for services that interact with ecash protocols and the Lightning Network is evolving. Changes in law or regulation may affect the availability, functionality, or legality of the Service or certain features. We may modify or discontinue features to comply with applicable law.

Informational Content. Any information presented on the Service or our website regarding Bitcoin, the Lightning Network, the Cashu protocol, pricing, exchange rates, or related topics is provided for general informational purposes only. Bitcoin price information displayed in the Service is sourced from third-party feeds and may be delayed or inaccurate. You should not rely on any such information for financial, investment, or other decisions. We disclaim all liability for any reliance placed on informational content provided through the Service.

15. Intellectual Property

Rythm and its associated branding, logos, user interface, code, documentation, and content are the intellectual property of Rythm. All rights not expressly granted are reserved.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose during your active subscription. This license does not include the right to modify, copy, distribute, or create derivative works based on the Service.

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, royalty-free, worldwide license to use and incorporate such feedback without obligation to you.

Trademarks

"Rythm," "rythm.xyz," the Rythm logo, and "email delivery credits" are trademarks or service marks of Rythm. You must not use these marks without our prior written permission. All other names, logos, product and service names, designs, and slogans appearing on the Service are the trademarks of their respective owners, including but not limited to Google, Gmail, Microsoft, Outlook, Bitcoin, Lightning Network, Cashu, Square, and Strike.

16. Privacy & Data Handling

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes in detail what data we collect, how we use and protect it, how long we retain it, and your rights regarding that data.

Key principles reflected in both these Terms and the Privacy Policy:

• Data minimization: We only access and store the minimum data necessary to operate the Service.
• No email content storage: Email bodies are processed in temporary server memory and immediately discarded. We never store email content.
• No data sales: We do not sell, share, or transfer your Personal Information for advertising, marketing, or data brokerage purposes.
• No third-party analytics: Rythm does not use Google Analytics, Meta Pixel, or any third-party tracking, analytics, or advertising service.
• Encryption: All data at rest is encrypted using AWS KMS (AES-256). All data in transit is encrypted using HTTPS/TLS 1.2+.
• Account deletion: You may delete your account and all associated data at any time from Account Settings. Deletion is processed within 24 hours and includes revocation of OAuth tokens and deletion of payment processor records.
• Global Privacy Control: Rythm honors the Global Privacy Control (GPC) signal. If your browser sends a Sec-GPC: 1 header, we treat it as a valid opt-out request under CCPA and applicable state privacy laws.
• Right to Appeal: If we deny a privacy-related request (such as a request to access, delete, or correct your data), you may appeal the decision within 45 days. See our Privacy Policy for the full appeal procedure, including escalation to your state Attorney General.
• Support Ticket Retention: Support ticket communications are retained for up to two (2) years to enable continuity of support and compliance documentation, after which they are automatically deleted.

For complete details on data collection, retention schedules, your rights under CCPA and applicable state privacy laws, and how to exercise those rights, please review our Privacy Policy.

17. Service Availability

The Service is currently in early access. By using the Service, you acknowledge:

• Features, pricing, and availability may change without prior notice as we continue to develop and improve the Service.
• The Service is provided on an "as is" and "as available" basis without any service level agreement (SLA) or uptime guarantee.
• We may perform maintenance, updates, or infrastructure changes that temporarily affect availability.
• We are not responsible for interruptions caused by third-party services, including email providers (Google, Microsoft), payment processors (Square, Strike), Cashu Mints, or the Lightning Network.

We strive to maintain high availability and use a fail-open design: if our systems experience an issue, your emails are delivered to your inbox normally. However, we do not guarantee uninterrupted or error-free operation.

18. Copyright Claims

If you believe that any content accessible through the Service infringes your copyright, please send a written notice to legal@rythm.xyz containing:

• (a) A description of the copyrighted work you claim has been infringed;
• (b) A description of where the allegedly infringing material is located within the Service;
• (c) Your contact information (name, address, telephone number, and email address);
• (d) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• (e) A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner;
• (f) Your physical or electronic signature.

We will review valid notices and take appropriate action in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) and other applicable law.

19. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IF YOU ARE A CONSUMER IN NEW JERSEY, THE FOREGOING EXCLUSIONS DO NOT APPLY TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT THEY ARE REQUIRED UNDER NEW JERSEY LAW.

Without limiting the foregoing, Rythm does not warrant:

• That the Service will meet your specific requirements or expectations.
• That email processing, credit detection, or payment settlement will be uninterrupted, timely, secure, or error-free.
• The validity, authenticity, value, or redeemability of any Email Delivery Credit or the solvency of any Cashu Mint.
• That the Lightning Network will successfully route any particular payment.
• That the results obtained from the Service will be accurate or reliable.
• That any errors in the Service will be corrected.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

• No indirect damages. Rythm shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of email delivery credits, loss of digital assets, loss of business opportunity, or loss of goodwill, arising from or related to your use of or inability to use the Service, regardless of the theory of liability and even if Rythm has been advised of the possibility of such damages.
• Liability cap. To the fullest extent permitted by applicable law, Rythm's total aggregate liability for all claims arising under or in connection with these Terms shall not exceed the greater of (a) the total amount you paid to Rythm in the twelve (12) months preceding the claim, or (b) ten U.S. dollars ($10.00). This limitation does not apply to liability that cannot be limited under applicable law, including liability under the New Jersey Consumer Fraud Act.
• Third-party actions. Rythm shall not be liable for any acts or omissions of third-party services, including Cashu Mints, Lightning Network nodes, email providers, payment processors, or cloud infrastructure providers.
• Email processing. Rythm shall not be liable for missed, delayed, incorrectly filtered, or incorrectly classified emails, or for any failure to detect valid Email Delivery Credits.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms limits liability for fraud, gross negligence, or willful misconduct. Nothing in these Terms shortens any statute of limitations applicable to your claims.

21. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Rythm and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms or any applicable law; (c) your violation of any third-party right, including intellectual property rights; (d) any dispute between you and a Sender regarding paywall enforcement; or (e) any claim that your use of the Service caused damage to a third party. This indemnification obligation does not require you to indemnify Rythm for Rythm's own negligence or willful misconduct, and does not waive or limit any of your rights under the New Jersey Consumer Fraud Act or other applicable consumer protection laws. This indemnification obligation shall survive termination of your account and these Terms.

22. Termination & Account Deletion

Either party may terminate this agreement:

• By you: You may delete your account at any time from Account Settings. Upon deletion, all associated data is purged within 24 hours, your OAuth tokens are revoked with Google and/or Microsoft, and your payment processor customer record (if any) is deleted from Square. For full details on data deletion, see our Privacy Policy.
• By us: We may suspend or terminate your account if you violate these Terms, the Acceptable Use Policy, or if required by law. Where possible, we will provide notice before termination. Termination for abuse of the rejection notification system or other severe violations may be immediate and without notice.
• Effect of termination: Upon termination, your right to use the Service ceases immediately. Any Email Delivery Credits already settled to your wallet remain yours. Rythm labels applied to your emails can be removed through your email provider's label management.

Important: Signing out of the Rythm dashboard does not stop paywall processing. To stop the paywall, you must either deactivate the Service from your dashboard or delete your account. Alternatively, you may revoke Rythm's OAuth access through your email provider's account permissions.

23. Dispute Resolution & Arbitration

Informal Resolution

Before initiating any formal dispute proceeding, you agree to first contact us at legal@rythm.xyz and attempt to resolve the dispute informally for at least 30 days.

Important Notice: Waiver of Rights

Binding Arbitration

If the dispute cannot be resolved informally, you and Rythm agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding. The arbitrator shall have the authority to award any remedy that would be available in court, including treble damages and attorneys' fees under the New Jersey Consumer Fraud Act where applicable.

Class Action Waiver

YOU AND RYTHM AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

Opt-Out Right

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending a written notice to legal@rythm.xyz with the subject line "Arbitration Opt-Out" and including your name, email address associated with your Rythm account, and a clear statement that you wish to opt out. If you opt out, disputes will be resolved in the state or federal courts located in New Jersey.

Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights. Claims arising under the small claims court threshold in your jurisdiction may be brought in small claims court.

Arbitration Fees

For claims seeking damages of $10,000 or less, Rythm will reimburse your arbitration filing fees and will pay any arbitrator compensation not covered by the AAA Consumer Arbitration Rules, provided the arbitrator determines your claim is not frivolous. For claims seeking damages greater than $10,000, arbitration fees shall be allocated as provided by the AAA Rules.

24. Governing Law

These Terms, and any dispute arising out of or relating to these Terms or the Service, shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of laws principles.

Venue. Any dispute arising under these Terms that is not subject to the arbitration provision in Section 23 shall be resolved exclusively in the federal courts of the United States District Court for the District of New Jersey, or, if federal subject-matter jurisdiction is unavailable, in the state courts of New Jersey. Each party consents to the personal jurisdiction of such courts and waives any objection to the laying of venue in such courts, to the fullest extent permitted by applicable law.

Compliance with New Jersey Law. These Terms are intended to comply with the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (N.J.S.A. 56:12-14 et seq.), the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.), the New Jersey Data Privacy Act, and all other applicable New Jersey consumer protection laws. To the extent any provision of these Terms conflicts with the mandatory requirements of New Jersey law, New Jersey law shall control.

25. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Update the "Effective Date" and "Last Updated" date at the top of this page.
• Notify you at least 30 days in advance via email to the address associated with your account and/or via an in-app notification.
• Where changes affect your rights regarding Google user data, require your re-consent before accessing data under the updated terms.

Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree with the changes, you should discontinue use and delete your account before the changes take effect.

Archived versions of previous Terms of Service are available upon request by emailing legal@rythm.xyz.

26. Notice to New Jersey Residents

Certain provisions of these Terms may be inapplicable or unenforceable with respect to residents of New Jersey under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), the New Jersey Consumer Fraud Act, or other New Jersey consumer protection laws. Specifically:

• The disclaimer of implied warranties in Section 19 does not apply to the extent that implied warranties of merchantability or fitness for a particular purpose are required under New Jersey law.
• The limitation of liability in Section 20 does not limit our liability for damages arising from our negligence, fraud, or willful misconduct, or for claims under the New Jersey Consumer Fraud Act.
• The indemnification obligations in Section 21 do not require you to indemnify us for our own negligence or willful misconduct.
• Nothing in these Terms limits your ability to seek public injunctive relief to the extent permitted by applicable law.
• Nothing in these Terms shortens any statute of limitations applicable to claims by New Jersey residents.

27. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Rythm regarding the Service and supersede all prior agreements and understandings.
• Severability: If any provision of these Terms is found to be unenforceable or invalid under applicable law, including but not limited to the consumer protection laws of the State of New Jersey, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any term shall only be effective if in writing and signed by us.
• Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• Force Majeure: Rythm shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, government action, power outages, internet outages, or failures of third-party services.
• No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights. Senders are not parties to these Terms and have no rights under them.
• Headings: Section headings in these Terms are for convenience and reference only and do not affect the interpretation or construction of these Terms.
• Survival: Sections 2 (Definitions), 7 (Email Delivery Credits), 13 (Protocol Risks), 14 (Regulatory Disclaimers), 15 (Intellectual Property), 19 (Disclaimer of Warranties), 20 (Limitation of Liability), 21 (Indemnification), 23 (Dispute Resolution), 24 (Governing Law), 26 (Notice to New Jersey Residents), and this Section 27 shall survive any termination or expiration of these Terms.
• Electronic Communications: By using the Service, you consent to receiving communications from us electronically, including emails and in-app notifications. You agree that all notices, agreements, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. This consent to electronic communications is a material condition of your use of the Service and applies to all notices, disclosures, and communications required under these Terms, including notice of changes to these Terms under Section 25.

28. Contact

If you have questions about these Terms, please contact us:

• Legal inquiries: legal@rythm.xyz
• Privacy-specific requests: privacy@rythm.xyz
• Security concerns: security@rythm.xyz