Terms of Service

1. Acceptance of Terms

Welcome to Rithim. These Terms of Service ("Terms") govern your access to and use of Rithim's platform, website, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you (either an individual or an entity, "you" or "User") and Rithim ("we," "us," or "our"). We reserve the right to update these Terms at any time. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

2. Description of Service

Rithim is an operating system for sales that automates administrative and sales tasks. The Service provides:

• Integration with email (Gmail), calendar (Google Calendar), and meeting platforms (Zoom, Google Meet, Fathom, Gong).
• AI-powered automation for research, follow-up, CRM updates, and deal-risk alerts.
• Contact and account management with relationship tracking.
• Meeting transcript analysis and automated task generation.
• AI assistant capabilities for sales-related tasks and content generation.
• Workspace training to personalize AI responses to your business context.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4. Account Registration and Security

4.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the security of your account credentials and accept all risks of unauthorized access.
• Immediately notify us of any unauthorized use of your account.

4.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain account security.

4.3 Authentication

We use Clerk as our authentication provider. Your use of authentication services is subject to Clerk's terms and policies.

5. License and Restrictions

5.1 Limited License

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 your business purposes.

5.2 Restrictions

You agree not to:

• Copy, modify, distribute, sell, or lease any part of the Service.
• Reverse engineer, decompile, or attempt to extract the source code of the Service.
• Use the Service for any illegal purpose or in violation of any laws.
• Interfere with or disrupt the integrity or performance of the Service.
• Attempt to gain unauthorized access to the Service or related systems.
• Use automated systems (bots, scrapers) to access the Service without our prior written consent.
• Remove, obscure, or alter any proprietary notices on the Service.
• Use the Service to send spam, malware, or engage in phishing.
• Impersonate any person or entity or misrepresent your affiliation.
• Use the Service in any manner that could damage, disable, or impair the Service.
• Use the Service to compete with Rithim or develop a competing product.

6. Third-Party Integrations

6.1 Authorization

The Service integrates with third-party platforms including Gmail, Google Calendar, Zoom, Google Meet, Fathom, and Gong. By connecting these integrations, you authorize us to access and process data from these services on your behalf.

6.2 Third-Party Terms

Your use of third-party integrations is subject to the terms and privacy policies of those third-party providers. We are not responsible for the practices, content, or services of third parties.

6.3 OAuth and Permissions

When you authorize integrations, you grant us the permissions necessary to access the data required for the Service to function. You can revoke these permissions at any time through your account settings or the third-party platform.

6.4 Data from Integrations

We will access, process, and store data from your connected services as described in our Privacy Policy. You are responsible for ensuring you have the necessary rights and permissions to share this data with us.

7. User Content and Data

7.1 Your Content

You retain ownership of all data, content, and information you provide or that is collected through your connected integrations ("User Content"). This includes emails, calendar events, meeting transcripts, contacts, accounts, and workspace training data.

7.2 License to Use Your Content

By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to access, use, process, copy, store, transmit, and display your User Content solely to:

• Provide and improve the Service.
• Generate AI-powered insights, recommendations, and automations.
• Comply with legal obligations.
• Protect our rights and prevent misuse of the Service.

7.3 Content Responsibility

You are solely responsible for your User Content and represent and warrant that:

• You have all necessary rights to provide the User Content.
• Your User Content does not violate any laws or third-party rights.
• Your User Content does not contain viruses, malware, or harmful code.

7.4 AI-Generated Content

The Service uses AI to generate content, recommendations, and insights. You are responsible for reviewing, verifying, and deciding whether to use any AI-generated content. We do not guarantee the accuracy, completeness, or suitability of AI-generated content.

7.5 Prohibited Content

You may not use the Service to store, transmit, or process content that:

• Is illegal, harmful, threatening, abusive, or harassing.
• Violates intellectual property rights or privacy rights.
• Contains viruses, malware, or malicious code.
• Is defamatory, obscene, or otherwise objectionable.
• Promotes violence, discrimination, or illegal activities.

8. Intellectual Property Rights

8.1 Rithim Property

The Service, including its design, features, functionality, software, text, graphics, logos, and all intellectual property rights therein, is owned by Rithim or our licensors. Nothing in these Terms grants you any right, title, or interest in the Service except for the limited license described in Section 5.1.

8.2 Trademarks

"Rithim" and related logos are trademarks of Rithim. You may not use these trademarks without our prior written consent.

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution.

9. Payment Terms

9.1 Fees

Certain features of the Service may require payment. All fees are non-refundable unless otherwise stated or required by law. We reserve the right to change our pricing at any time with reasonable notice.

9.2 Billing

If you subscribe to a paid plan, you authorize us to charge your payment method on a recurring basis. You are responsible for providing accurate billing information and updating it as needed.

9.3 Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable taxes associated with your use of the Service.

9.4 Late Payment

We reserve the right to suspend or terminate your access to the Service if payment is not received by the due date.

10. Warranties and Disclaimers

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, secure, or error-free.
• The results obtained from the Service will be accurate or reliable.
• Any errors or defects in the Service will be corrected.
• The Service will meet your requirements or expectations.

10.2 AI-Generated Content Disclaimer

AI-generated content may contain errors, inaccuracies, or inappropriate suggestions. You are solely responsible for reviewing and verifying all AI-generated content before use. We make no representations or warranties regarding the accuracy, reliability, or appropriateness of AI-generated content.

10.3 Third-Party Services

We are not responsible for the availability, accuracy, or content of third-party services that integrate with our Service. Your use of third-party services is at your own risk.

11. Limitation of Liability

11.1 No Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RITHIM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service.
• Any unauthorized access to or use of our servers and/or any personal information stored therein.
• Any interruption or cessation of the Service.
• Any bugs, viruses, or other harmful code transmitted through the Service.
• Any errors, inaccuracies, or omissions in any content or for any loss or damage incurred from the use of content posted or transmitted through the Service.
• The conduct or content of any third party using the Service.

11.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100 USD).

11.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, the above limitations may not apply to you to the extent prohibited by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Rithim, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any laws or third-party rights.
• Your User Content, including any claims that your User Content infringes or misappropriates third-party rights.
• Your connection of third-party integrations without proper authorization.

13. Termination

13.1 Termination by You

You may terminate your account at any time by discontinuing use of the Service and contacting us to request account deletion.

13.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without notice, for any reason including:

• Violation of these Terms.
• Fraudulent, abusive, or illegal activity.
• Non-payment of fees.
• Extended periods of inactivity.
• At our sole discretion.

13.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may delete your User Content, though some data may persist in backups for a limited time. Sections of these Terms that by their nature should survive termination will survive, including but not limited to Sections 7, 8, 10, 11, 12, and 14.

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14.2 Informal Resolution

Before filing a claim, you agree to contact us at team@higherlevels.com and attempt to resolve the dispute informally.

14.3 Arbitration

Any dispute arising out of or related to these Terms or the Service that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, and judgment on the arbitration award may be entered in any court having jurisdiction.

14.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

14.5 Exceptions to Arbitration

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent infringement of intellectual property rights or confidentiality obligations.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Rithim regarding the Service and supersede all prior agreements and understandings.

15.2 Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service and updating the "Last Updated" date. Continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

15.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

15.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

15.7 Export Compliance

You agree to comply with all applicable export and import laws and regulations in your use of the Service.

15.8 U.S. Government Users

If you are a U.S. government entity, the Service is a "Commercial Item" as defined in FAR 2.101, and use is governed by these Terms.

16. Contact Information

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

• Email: team@higherlevels.com
• Contact Form: https://rithim.ai/contact