Terms of Service

1. Acceptance of Terms

By accessing our website, requesting a quote, signing a proposal, or using any services provided by Rythym Technologies ("Company," "we," "us," or "our"), you ("Client" or "you") agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please do not use our services.

These Terms apply to all services including website development, web and mobile app development, ChatGenie WhatsApp automation, performance marketing, branding, UI/UX, and any related consulting services.

2. Services

2.1 Scope of Work

The specific scope, deliverables, timelines, and pricing for each engagement are defined in a written Proposal or Statement of Work (SOW) agreed upon by both parties. These Terms of Service govern all such engagements.

2.2 ChatGenie SaaS Platform

Access to the ChatGenie WhatsApp automation platform is provided as a Software-as-a-Service (SaaS) subscription. Subscription terms, features, and pricing are outlined in your individual agreement. Rythym Technologies reserves the right to update ChatGenie features with reasonable notice.

2.3 Service Modifications

Any changes to the agreed scope of work must be submitted in writing and may result in additional charges and/or timeline adjustments. Work on changes begins only after written approval from both parties.

3. Payment Terms

3.1 Fees and Invoicing

Fees are specified in the project proposal. Unless otherwise agreed:

• A deposit of 50% is required upfront before work commences.
• The remaining balance is due upon project completion and before final delivery/handover.
• Monthly retainers and SaaS subscriptions are billed at the start of each billing cycle.

3.2 Payment Methods

We accept Bank Transfer (NEFT/IMPS/RTGS), UPI, and international payments via PayPal or wire transfer. All fees are in Indian Rupees (INR) unless otherwise specified.

3.3 Late Payment

Invoices are due within 7 days of issuance. Late payments may incur a 2% monthly interest charge. We reserve the right to pause work on active projects until outstanding invoices are settled.

3.4 Refund Policy

The initial deposit is non-refundable once work has commenced. For project cancellations after work begins, you will be invoiced for work completed to date. Unused retainer hours are non-refundable but may be carried over with prior written agreement.

4. Client Responsibilities

To ensure successful project delivery, you agree to:

• Provide timely feedback, content, assets, and approvals as requested (typically within 5 business days).
• Designate a primary point of contact with authority to make decisions.
• Provide access to required third-party accounts (hosting, domain, analytics, social media) as needed.
• Ensure all content and materials provided to us are owned by you or that you have the right to use them.
• Review and test deliverables promptly and report any issues within the agreed review period.

Delays caused by late client feedback or missing content may result in revised timelines without additional cost to the Company.

5. Intellectual Property

5.1 Ownership Upon Full Payment

Upon receipt of full payment, you will own the final deliverables specific to your project (custom code, design files, content produced exclusively for you). Ownership transfers only after all outstanding payments are cleared.

5.2 Our Retained Rights

Rythym Technologies retains rights to:

• Our proprietary tools, frameworks, libraries, and reusable code components used in delivery.
• The ChatGenie platform and all underlying technology, regardless of your subscription status.
• Show your completed project in our portfolio unless you request otherwise in writing.

5.3 Third-Party Assets

Any third-party assets (fonts, stock images, icons, plugins) used in your project are subject to their own licensing terms. You are responsible for ensuring continued compliance with those licenses.

6. Confidentiality

Both parties agree to keep confidential any proprietary information, business strategies, pricing, and technical details shared during the engagement. This obligation survives termination of the agreement for 3 years. This does not apply to information that is publicly available or independently developed.

7. Warranties and Representations

7.1 Our Warranties

We warrant that:

• Services will be performed with reasonable skill and care.
• Deliverables will substantially conform to the agreed specifications.
• We will not knowingly infringe any third-party intellectual property rights.

7.2 Client Warranties

You warrant that:

• You have the authority to enter into this agreement.
• All content, data, and materials provided are owned by you or licensed for the intended use.
• Your use of our services will comply with all applicable laws and regulations.

7.3 Disclaimer

We do not guarantee specific business outcomes (e.g., revenue targets, search rankings, lead volumes) as these depend on market conditions, client actions, and factors beyond our control. Marketing performance estimates are projections only.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

• Our total liability to you for any claim arising out of or relating to these Terms or our services will not exceed the total fees paid by you to us in the 3 months preceding the claim.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
• We are not liable for downtime, data loss, or security breaches caused by third-party hosting providers, WhatsApp/Meta platform changes, or other services outside our direct control.

9. Termination

9.1 Termination by Either Party

Either party may terminate an engagement by providing 14 days' written notice. Upon termination, you will be invoiced for all work completed to date.

9.2 Immediate Termination

We may terminate immediately and without notice if:

• Payment is overdue by more than 30 days.
• You breach these Terms and fail to remedy the breach within 7 days of written notice.
• Your use of our services violates any applicable law.

9.3 Effect of Termination

Upon termination, access to ChatGenie and any hosted services will be suspended. We will provide you with a copy of your data and completed deliverables (where applicable) upon full payment of outstanding amounts.

10. Acceptable Use

You agree not to use our services or the ChatGenie platform to:

• Send spam, unsolicited messages, or violate WhatsApp's Business Policy or any messaging platform's terms.
• Engage in illegal activities, fraud, or harassment.
• Collect or process personal data without proper consent and legal basis.
• Infringe any third-party intellectual property rights.
• Attempt to reverse-engineer, copy, or resell the ChatGenie platform or any proprietary tools.

Violation of acceptable use may result in immediate service suspension without refund.

11. Data and Privacy

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and processing of data as described therein.

For clients using ChatGenie to process customer data, you are the data controller and bear responsibility for ensuring lawful processing under applicable data protection laws (including India's DPDP Act, GDPR where applicable).

12. Force Majeure

Neither party will be liable for delays or failures caused by events outside their reasonable control, including natural disasters, government actions, internet outages, platform policy changes by Meta/WhatsApp/Google, or other force majeure events. The affected party must notify the other promptly and endeavour to resume performance as soon as practicable.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of India. Any disputes arising from these Terms or our services will first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes will be subject to the exclusive jurisdiction of the courts in Hyderabad, Telangana, India.

14. Changes to These Terms

We may update these Terms of Service from time to time. We will notify active clients of material changes via email with at least 14 days' notice. Continued use of our services after the effective date constitutes acceptance of the revised Terms.

15. Entire Agreement

These Terms of Service, together with any signed Proposal or Statement of Work, constitute the entire agreement between you and Rythym Technologies regarding your use of our services. They supersede all prior discussions, representations, or agreements.

16. Contact

Questions about these Terms? Contact us:

• Rythym Technologies
• Hyderabad, Telangana, India
• Email: hello@rythymtechnologies.com
• Phone: +91 80743 90658
• WhatsApp: Chat with us