Rhythbalance

Terms of Service

Last Updated: January 2025

Effective Date: January 1, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Rhythbalance ("Company," "we," "us," or "our") governing your access to and use of the website located at commodityprotect.world (the "Website") and any related services, content, features, or functionality offered by us (collectively, the "Services").

By accessing or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue use of our Website and Services.

2. Company Information

Legal Name: Rhythbalance

Registered Address: 401 Bay St. Suite #1600, Toronto, ON M5H 2T7, Canada

Contact Email: info@commodityprotect.world

Contact Phone: +16479872845

Website: commodityprotect.world

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 16 years of age to use our Website and Services. By using our Services, you represent and warrant that you meet this age requirement. If you are under 18 years of age, you must have permission from a parent or legal guardian to use our Services.

3.2 Account Creation

To access certain features of our Services, you may be required to create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your login credentials
  • Notify us immediately of any unauthorized access or security breach
  • Accept responsibility for all activities that occur under your account
  • Not share your account credentials with third parties

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms or for any other reason at our sole discretion. You may terminate your account at any time by contacting us at info@commodityprotect.world.

4. Description of Services

Rhythbalance provides general lifestyle information and educational content related to balancing activity and rest throughout the day. Our Services include:

  • Access to informational articles and resources
  • Digital guides and planning templates
  • Educational materials about daily rhythm management
  • Email communications and newsletters
  • Customer support services

4.1 Information Nature

The content provided through our Services is for general informational and educational purposes only. It does not constitute professional advice, medical advice, therapeutic recommendations, or personalized guidance. You should not rely solely on information from our Website for making decisions about your health, lifestyle, or personal circumstances.

4.2 No Professional Relationship

Use of our Services does not create a professional-client relationship, medical relationship, or any fiduciary relationship between you and Rhythbalance. We do not provide personalized advice or recommendations tailored to individual circumstances.

5. User Obligations and Acceptable Use

5.1 Permitted Use

You may use our Website and Services only for lawful purposes and in accordance with these Terms. You agree to use our Services in a manner consistent with all applicable laws and regulations.

5.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable local, provincial, national, or international law or regulation
  • Infringing upon or violating our intellectual property rights or the rights of others
  • Transmitting any harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content
  • Impersonating any person or entity or falsely stating or misrepresenting your affiliation with any person or entity
  • Engaging in any automated use of the system, such as using scripts, bots, or web crawlers
  • Interfering with, disrupting, or creating an undue burden on the Website or networks connected to the Website
  • Attempting to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks
  • Using any information obtained from the Website to harass, abuse, or harm another person
  • Uploading or transmitting viruses, malware, or any other malicious code
  • Collecting or tracking personal information of other users without their consent
  • Using the Website for any commercial purpose without our express written consent
  • Reverse engineering, decompiling, or disassembling any aspect of the Website
  • Removing or modifying any copyright, trademark, or proprietary rights notices

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Website and Services, including all content, features, functionality, software, text, graphics, logos, images, audio, video, and design (collectively, "Content"), are owned by Rhythbalance or our licensors and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and Services for your personal, non-commercial use. This license does not include any right to:

  • Reproduce, distribute, modify, or create derivative works of our Content
  • Use our Content for commercial purposes
  • Remove or alter any copyright, trademark, or proprietary notices
  • Transfer, sell, or sublicense any rights granted to you

6.3 Trademarks

The Rhythbalance name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Rhythbalance. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

6.4 User-Generated Content

If you submit, post, or transmit any content to our Website (including feedback, comments, or suggestions), you grant us a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media. You represent and warrant that you own or have the necessary rights to grant this license.

7. Purchases and Payment Terms

7.1 Product Descriptions and Pricing

We strive to provide accurate descriptions and pricing for our digital products and services. However, we do not warrant that product descriptions, pricing, or other content on the Website is accurate, complete, reliable, current, or error-free. Prices are listed in Canadian Dollars (CAD) and are subject to change without notice.

7.2 Payment Processing

We use third-party payment processors to handle transactions. By making a purchase, you agree to provide current, complete, and accurate payment information. You authorize us to charge the payment method you provide for the total amount of your purchase, including applicable taxes.

7.3 Order Acceptance

We reserve the right to refuse or cancel any order for any reason, including but not limited to:

  • Product or service availability
  • Errors in product or pricing information
  • Suspected fraudulent or unauthorized transactions
  • Violation of these Terms

7.4 Digital Product Delivery

Digital products and services will be delivered electronically to the email address you provide. You are responsible for ensuring that your email address is accurate and that you can receive our communications.

7.5 Taxes

You are responsible for all applicable taxes associated with your purchase. We will collect applicable sales taxes where required by law.

8. Refunds and Returns

Our refund and return policy for digital products and services is detailed in our separate Return Policy, available at Return Policy. By making a purchase, you acknowledge that you have read and agree to our Return Policy.

9. Disclaimers and Limitations of Liability

9.1 No Warranties

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties regarding the accuracy, reliability, or completeness of content
  • Warranties that the Website will be uninterrupted, secure, or error-free
  • Warranties regarding the results that may be obtained from use of the Services

9.2 Medical and Professional Disclaimer

THE INFORMATION PROVIDED ON OUR WEBSITE IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS, AND SHOULD NOT BE CONSIDERED, PROFESSIONAL ADVICE, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF QUALIFIED PROFESSIONALS REGARDING ANY QUESTIONS YOU MAY HAVE ABOUT YOUR HEALTH, LIFESTYLE, OR PERSONAL CIRCUMSTANCES. NEVER DISREGARD PROFESSIONAL ADVICE OR DELAY SEEKING IT BECAUSE OF INFORMATION YOU HAVE READ ON OUR WEBSITE.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RHYTHBALANCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, data, or use
  • Loss of business opportunities
  • Personal injury or property damage
  • Emotional distress
  • Any other intangible losses

ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.4 Maximum Liability Cap

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) CAD $100.

9.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Rhythbalance, its officers, directors, employees, agents, affiliates, and partners from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use or misuse of the Website or Services
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your violation of any applicable laws or regulations
  • Any content you submit, post, or transmit through the Services

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any third-party content, goods, or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

12. Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy, available at Privacy Policy. By using our Services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

13. Modifications to Terms and Services

13.1 Changes to Terms

We reserve the right to modify these Terms at any time at our sole discretion. When we make material changes, we will:

  • Update the "Last Updated" date at the top of these Terms
  • Provide notice through the Website or via email
  • Request your acceptance if required by law

Your continued use of the Website after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using our Services.

13.2 Changes to Services

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, and without liability to you.

14. Termination

14.1 Termination by Us

We may terminate or suspend your access to the Website and Services immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of these Terms
  • Fraudulent or illegal activity
  • Request by law enforcement or government agencies
  • Unexpected technical issues or security concerns
  • Extended periods of inactivity

14.2 Termination by You

You may terminate your account at any time by contacting us at info@commodityprotect.world or by ceasing to use the Services.

14.3 Effect of Termination

Upon termination:

  • Your right to use the Services will immediately cease
  • We may delete your account and all associated data
  • Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability
  • You will not be entitled to any refund of fees paid prior to termination, except as provided in our Return Policy

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

15.2 Jurisdiction

You agree that any legal action or proceeding arising out of or related to these Terms or your use of the Services shall be instituted exclusively in the courts located in Toronto, Ontario, Canada. You irrevocably submit to the jurisdiction of such courts and waive any objection to venue or inconvenient forum.

15.3 Informal Resolution

Before filing any formal legal action, you agree to first contact us at info@commodityprotect.world to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good faith negotiations within 30 days of receiving notice.

15.4 Arbitration

If informal resolution is unsuccessful, any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the Arbitration Act of Ontario. The arbitration shall be conducted in Toronto, Ontario, in English. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

15.5 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Miscellaneous Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and Return Policy, constitute the entire agreement between you and Rhythbalance regarding the use of our Services and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Rhythbalance.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction. Any attempted assignment in violation of this provision is void.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.6 Notices

All notices to you will be provided via email to the address you provided or by posting on the Website. Notices to us should be sent to info@commodityprotect.world or to our registered address.

16.7 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of any conflict between the English version and a translation, the English version shall prevail.

16.8 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

17. Contact Information

If you have any questions, concerns, or complaints regarding these Terms, please contact us:

Rhythbalance

Address: 401 Bay St. Suite #1600, Toronto, ON M5H 2T7, Canada

Email: info@commodityprotect.world

Phone: +16479872845

We will make every effort to respond to your inquiry within 5 business days.

18. Acknowledgment

BY USING OUR WEBSITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR WEBSITE OR SERVICES.