Rhythmboard Terms of Service

Rhythmboard is a business tracking and planning tool for solo business owners. It helps you organize business information, track revenue and expenses, review business metrics, and maintain recurring planning and review routines.

Rhythmboard is a software tool, not accounting, tax, legal, investment, financial, or other professional advice.

In these Terms, “you” and “your” refer to the person or business using Rhythmboard. “Your Data” means information and content that you enter, upload, import, or otherwise provide to Rhythmboard, including information retrieved from third-party services you connect to Rhythmboard.

You must be at least 18 years old and legally able to enter into these Terms to use Rhythmboard.

You are responsible for providing accurate information when you create your account and keeping that information up to date.

You are responsible for maintaining the security of your account and password and for activity that occurs through your account. Please let us know promptly if you believe someone has accessed your account without your permission.

Your Rhythmboard account is for your use and may not be shared with another person except where Rhythmboard expressly allows it.

You retain ownership of Your Data. We do not claim ownership of the information you enter or import into Rhythmboard.

You give us permission to host, store, process, transmit, display, and otherwise use Your Data as reasonably necessary to provide, maintain, secure, and improve Rhythmboard, and as described in our Privacy Policy.

You are responsible for ensuring that you have the rights and permissions necessary to provide Your Data to Rhythmboard and allow us to process it as described in these Terms and our Privacy Policy.

We may access Your Data when reasonably necessary to provide support you request, troubleshoot a technical problem, investigate a security or abuse issue, or comply with a legal obligation.

Rhythmboard may allow you to connect third-party services, such as Stripe, to your account.

When you connect a third-party service, you authorize Rhythmboard to access information made available to us through that service and use that information within Rhythmboard as described when you make the connection.

For example, when you connect Stripe, Rhythmboard may retrieve transaction information from your Stripe account so that you can view and analyze that information within Rhythmboard.

Your use of a third-party service remains subject to that provider's own terms and policies. We do not control third-party services and are not responsible for their availability, accuracy, security, or continued operation.

Third-party providers may change or discontinue their APIs, integrations, permissions, or services. If that happens, Rhythmboard may no longer be able to retrieve or update information from the affected service.

You can disconnect a third-party integration through the functionality we provide. Disconnecting an integration stops future access through that connection, but does not necessarily delete information that was previously imported or stored in Rhythmboard.

Rhythmboard currently offers a 14-day free trial.

A valid payment method is required to start a trial. You will not be charged during the 14-day trial period.

Unless you cancel before the trial ends, your trial will automatically convert to a paid subscription at the price and billing interval shown when you sign up, and your payment method will be charged.

We may limit free trials to one per person, business, payment method, or account. We may also change or discontinue the free trial offer at any time.

Rhythmboard is offered through paid subscriptions. The applicable price and billing interval will be shown when you subscribe.

Your subscription automatically renews at the end of each billing period unless you cancel before the next renewal date. You authorize us and our payment processor to charge your payment method for applicable subscription fees and taxes.

Payments are processed by a third-party payment processor. We do not receive or store your full payment card number. If a payment fails, we may suspend or restrict access to your account until payment is successfully completed.

You can cancel your subscription through the account or billing functionality provided by Rhythmboard.

Cancellation prevents future renewal. Unless we state otherwise, your subscription will remain active through the end of the period you have already paid for.

Subscription payments are non-refundable, except where a refund is required by applicable law. If you cancel after a payment has been made, you will not receive a refund or credit for any unused portion of your billing period.

If you cancel during your free trial, you will not be charged as long as you cancel before the trial ends.

After your subscription ends, we may restrict access to your account and Your Data.

We may retain or permanently delete Your Data after cancellation or termination according to our data-retention practices and Privacy Policy.

We may retain certain information when necessary to comply with legal obligations, resolve disputes, prevent fraud or abuse, enforce our agreements, or maintain appropriate business records.

You are responsible for exporting any information you want to keep before your account is permanently deleted.

Once information has been permanently deleted, it may not be recoverable.

You may use Rhythmboard only for lawful purposes and in accordance with these Terms.

You may not:

• use Rhythmboard to violate applicable law;
• attempt to gain unauthorized access to another person's account, data, or connected service;
• interfere with or disrupt Rhythmboard or its underlying infrastructure;
• introduce malware, malicious code, or other harmful material;
• probe, scan, or test the vulnerability of Rhythmboard without our written permission;
• reverse engineer or attempt to extract the source code of Rhythmboard except where applicable law expressly permits it; or
• circumvent account, subscription, security, or access controls.

We may investigate suspected violations of these Terms and suspend or terminate accounts when appropriate.

We are continually developing Rhythmboard. We may add, modify, replace, or remove features from the Service from time to time.

We may temporarily suspend portions of the Service when necessary for maintenance, security, technical reasons, or other operational needs.

We may also discontinue Rhythmboard entirely or discontinue particular features or plans.

We may change Rhythmboard's pricing from time to time. If we change the price of an existing subscription, we will provide reasonable advance notice before the new price takes effect and give you an opportunity to cancel before the new price applies.

We do not guarantee that any particular feature, plan, or price will remain available indefinitely.

Our Privacy Policy explains how we collect, use, store, and disclose information in connection with Rhythmboard.

By using Rhythmboard, you agree that your information will be handled as described in our Privacy Policy: https://rhythmboard.app/privacy

We use reasonable technical and organizational measures to protect information stored in Rhythmboard. However, no internet-based service can be guaranteed to be completely secure.

Rhythmboard is provided on an “as is” and “as available” basis. We do not guarantee that the Service will always be available, uninterrupted, error-free, or secure.

Rhythmboard is a tool for organizing, tracking, and reviewing business information. It is not accounting, tax, legal, investment, financial, or other professional advice.

Information displayed in Rhythmboard may be based on information you enter manually or information retrieved from third-party services. We do not guarantee that such information will always be complete, accurate, current, or error-free.

You are responsible for reviewing important information and maintaining appropriate independent records.

You are also responsible for determining whether Rhythmboard is appropriate for your particular business, accounting, tax, or financial needs.

Rhythmboard and its underlying software, design, features, interfaces, documentation, branding, and other materials provided by us are owned by Wit & Wire, LLC or our licensors and are protected by applicable intellectual property laws.

Your subscription gives you permission to use Rhythmboard during the period in which you are authorized to use the Service. It does not transfer ownership of Rhythmboard or our intellectual property to you.

You may not reproduce, modify, distribute, sell, resell, or commercially exploit Rhythmboard or any substantial portion of the Service without our written permission.

You may stop using Rhythmboard at any time.

We may suspend or terminate your access to Rhythmboard if you materially violate these Terms, fail to pay amounts you owe, engage in fraudulent or abusive activity, create a security or operational risk, or use the Service unlawfully.

We may also suspend or terminate the Service if we discontinue Rhythmboard.

Where reasonable, we will try to provide notice before suspending or terminating an account. We may act without notice when necessary to protect Rhythmboard, our users, or our legal rights.

If your account is terminated because you violated these Terms, you remain responsible for amounts owed through the date of termination.

To the fullest extent permitted by law, Rhythmboard is provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory.

We disclaim warranties including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that Rhythmboard will be uninterrupted, secure, error-free, or free of viruses or other harmful components.

We do not warrant the accuracy, completeness, reliability, or usefulness of information displayed through Rhythmboard.

We do not guarantee any particular business, financial, tax, or other outcome from using Rhythmboard.

You understand and agree that this Website is intended to provide information and education to assist you in attaining your goals.

You understand and agree that your success depends entirely on your business experience, motivation, and individual capacity. There are no guarantees of any kind as to your earnings and income.

To the fullest extent permitted by applicable law, Wit & Wire, LLC and its owners, employees, contractors, service providers, licensors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business opportunities, goodwill, or data, arising out of or related to your use of or inability to use Rhythmboard.

This includes damages arising from loss of access to Your Data, errors or omissions in information displayed by Rhythmboard, or the actions or availability of third-party services connected to Rhythmboard.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these Terms or Rhythmboard will not exceed the greater of (a) the total amount you paid to us for Rhythmboard during the six (6) months immediately preceding the event giving rise to the claim, or (b) three hundred dollars ($300).

Nothing in these Terms limits liability that cannot legally be limited or excluded under applicable law.

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Website or any activity conducted through your account.
• Your User Content or any other content you submit, post, or transmit through the Website.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Your violation of any third party’s rights, including intellectual property, privacy, or publicity rights.

Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.

By using the Website or providing your email address to us, you consent to receive electronic communications from us, including but not limited to emails, notices, and disclosures. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

We may, in our sole discretion, terminate or suspend your access to all or part of the Website at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms.
• Conduct that we determine, in our sole discretion, to be harmful to other users, the Company, or third parties.
• Requests by law enforcement or other governmental authorities.

Upon termination, your right to use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, limitation of liability, indemnification, and dispute resolution.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website (“Dispute”), you and the Company agree to first attempt to resolve the Dispute informally by contacting us at hello@witandwire.com. If the Dispute is not resolved within thirty (30) days of the initial notice, either Party may initiate binding arbitration as described below.

You and the Company agree that any Dispute that cannot be resolved informally shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted in New York, New York.

IF THE ARBITRATION CANNOT PROCEED IN THE DESIGNATED JURISDICTION, THE ARBITRATION SHALL BE CONDUCTED REMOTELY VIA VIDEOCONFERENCE OR IN A JURISDICTION MUTUALLY AGREED UPON BY THE PARTIES.

The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES 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.

Arbitration Costs. Each Party shall bear its own costs and attorneys’ fees in connection with the arbitration. Filing fees and arbitrator compensation shall be governed by the AAA’s applicable rules and fee schedules.

Exceptions to Arbitration. Notwithstanding the foregoing, either Party may bring an individual action in small claims court for Disputes within the court’s jurisdictional limits. Either Party may also seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

These Terms and your use of the Website are governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles.

This Website is operated from the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. By using this Website, you consent to the transfer of your information to the United States and acknowledge that U.S. laws may differ from the laws of your country.

The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the Company’s reasonable control, including but not limited to natural disasters, acts of government, pandemics, epidemics, internet or telecommunications failures, cyberattacks, power outages, labor disputes, or disruptions to third-party services on which the Website relies.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be severed from these Terms. All remaining provisions shall continue in full force and effect.

No failure or delay by the Company in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. Any waiver of any provision of these Terms will be effective only if made in writing and signed by an authorized representative of the Company.

You may not transfer or assign any of your rights or obligations under these Terms to any third party without the Company’s prior written consent. The Company may freely assign its rights and obligations under these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.

We may provide notice to you by: (i) sending a message to the email address associated with your account, or (ii) by posting a notice on the Website. Notices sent by email are effective at the time of sending. Notices posted to the Website are effective upon posting.

You may provide notice to the Company by certified mail to:

Wit & Wire, 1178 Broadway, 3rd Floor, #110, New York, NY 10001

Notices provided by certified mail are effective upon actual receipt.

All legal notices, including those related to intellectual property and copyright infringement claims, should be sent by certified mail to the Company’s address listed above.

All general inquiries and other communications relating to the Website should be directed to: support@rhythmboard.app.

These Terms, together with the Privacy Policy and any separate service agreements referenced herein, constitute the entire agreement between you and the Company regarding your use of the Website. These Terms supersede all prior and contemporaneous agreements, understandings, and communications, whether written or oral, regarding the subject matter of these Terms.

The Company reserves any and all rights not expressly granted in these Terms.