Effective Date: October 6, 2025
These Terms & Conditions ("Terms") govern your use of the Ritmo mobile application ("App") and related services provided by Electric Tooth LLC ("Company," "we," "us," or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using Ritmo, you confirm that:
- You are at least 18 years old
- You have the legal capacity to enter into these Terms
- You agree to comply with all applicable laws and regulations
⚠️ RITMO is restricted to users 18 years of age or older. By creating an account, you certify that you meet this age requirement.
2. Description of Service
Ritmo is a music streaming and social platform that allows users to:
- Upload, stream, and share music content
- Create and manage playlists and music libraries
- Follow other users and discover new music
- Send direct messages and engage in social interactions
- Support creators through tips ("cheers") and subscriptions
- Participate in a creator economy with revenue sharing
3. User Accounts
Account Creation
- You must provide accurate, current, and complete information
- You are responsible for maintaining account security and confidentiality
- You must notify us immediately of any unauthorized use
- One person may not maintain more than one account
Account Termination
- You may delete your account at any time through app settings
- We may suspend or terminate accounts for Terms violations
- Upon termination, your right to use the App ceases immediately
- Some data may be retained for legal or operational purposes as outlined in our Privacy Policy
4. User-Generated Content
Content You Upload
- You retain ownership of music, images, and other content you upload
- You grant us a non-exclusive, worldwide license to use, store, and distribute your content through the App
- You are solely responsible for your content and must have all necessary rights
- Content must comply with our Community Guidelines and applicable laws
Music Uploads and Copyright
- You must own or have proper licenses for all uploaded music
- Unauthorized copyrighted material will be removed
- Repeat copyright violations may result in account termination
- We comply with the Digital Millennium Copyright Act (DMCA)
- You may not use uploaded content to reproduce, sell, or distribute copyrighted works without authorization
- Audio/video downloading from third-party sources without explicit authorization is prohibited
Your Representations and Warranties
By uploading content to Ritmo, you represent and warrant that:
- Your content is original or you have all necessary rights and licenses
- You have permission from any persons appearing in your content
- Your content does not infringe any third party's intellectual property, privacy, or publicity rights
- You have the right to grant us the license to use your content as described in these Terms
- Your content complies with all applicable laws and our Community Guidelines
Community Guidelines
You may not upload, share, or communicate content that:
- Violates intellectual property rights
- Contains hate speech, harassment, or bullying
- Is sexually explicit, violent, or promotes illegal activities
- Impersonates others or contains false information
- Spams or disrupts the platform experience
Content Moderation
- We reserve the right to review, remove, or restrict access to content
- Users can report inappropriate content through the App
- We provide tools to block users and filter content
- Moderation decisions are made at our discretion
Repeat Infringer Policy
- We maintain a policy for terminating repeat copyright infringers
- Users who repeatedly violate intellectual property rights will have their accounts suspended or terminated
- The number and severity of violations are considered when determining action
- Account termination decisions are final and at our sole discretion
5. Virtual Currency and Payments
"Cheers" Virtual Currency
- Cheers are virtual tokens used to tip creators within the App
- Cheers have no cash value and cannot be exchanged for real money by purchasers
- Cheers purchases are final and non-refundable
- Unused cheers do not expire but have no value outside the App
Creator Revenue
- Creators can earn revenue through tips (cheers) and user subscriptions
- Revenue sharing terms are subject to our Creator Agreement
- Payouts are processed through Stripe Connect and subject to their terms
- Minimum payout thresholds and tax obligations apply
Subscriptions
- Subscription fees are processed through Apple's App Store
- Subscriptions automatically renew unless cancelled
- You can manage subscriptions through your Apple ID settings
- Subscription benefits are clearly described at the time of purchase
- No refunds for partial subscription periods
6. Apple App Store Terms
In-App Purchases
- All digital purchases are processed through Apple's App Store
- Apple's Terms of Service apply to all transactions
- Subscription management occurs through your Apple ID
- Contact Apple for billing disputes or refund requests
App Store Guidelines
- The App complies with Apple's App Store Review Guidelines
- Apple is not responsible for the App or user support
- Apple has no obligation to provide maintenance or support services
7. DMCA Compliance and Copyright Infringement
Reporting Copyright Infringement
If you believe content on Ritmo infringes your copyright, please report it to us. Reports must include:
- Identification of the copyrighted work claimed to be infringed
- Identification of the allegedly infringing material and its location on Ritmo
- Your contact information (name, address, email, phone)
- A statement that you have a good faith belief the use is unauthorized
- A statement under penalty of perjury that the information is accurate
- Your physical or electronic signature
DMCA Notice Contact
Report copyright infringement through:
- In-App: Use the report button on any content and select "Copyright Infringement"
- Email: info@ritmo-app.com
- Subject Line: "DMCA Takedown Notice"
Counter-Notification
If you believe your content was wrongly removed, you may submit a counter-notice containing:
- Identification of the removed material and its former location
- A statement under penalty of perjury that removal was a mistake
- Your consent to jurisdiction in federal court
- Your physical or electronic signature
False Claims
Submitting false copyright claims may result in legal liability and account termination.
8. Intellectual Property
Our Rights
- Ritmo name, logo, and app design are our intellectual property
- You may not copy, modify, or create derivative works of the App
- Reverse engineering or attempting to extract source code is prohibited
- All rights not expressly granted are reserved
User Rights
- You retain rights to your original content
- Using the App does not transfer ownership of your content to us
- You may delete your content at any time (subject to technical limitations)
Third-Party Content
- Music and other content from third parties remains their property
- Fair use and licensing terms apply to third-party content
- We respect intellectual property rights and respond to valid DMCA notices
8. Privacy and Data Protection
- Your privacy is important to us
- Our Privacy Policy explains how we collect, use, and protect your information
- By using the App, you consent to data collection as described in our Privacy Policy
- We implement reasonable security measures to protect user data
9. Content Reporting and Moderation
Reporting Content
Users can report content for the following reasons:
- Spam: Unwanted commercial content or spam
- Harassment: Bullying, threats, or harassment
- Inappropriate Content: Nudity, sexual content, or other inappropriate material
- Hate Speech: Content that promotes hatred or discrimination
- Violence: Violent or dangerous content
- Misinformation: False or misleading information
- Copyright Infringement: Unauthorized use of copyrighted music, photos, or other content
- Other: Any other violation of our Terms or Community Guidelines
Our Response to Reports
- We review all reports and may take action including warnings, content removal, or account suspension
- Report outcomes are determined at our sole discretion
- False or malicious reporting may result in action against the reporter
- We maintain audit logs of moderation actions for accountability
Appeals Process
- Users may appeal moderation decisions through our support system
- Appeals are reviewed but reversal is not guaranteed
- Final decisions rest with our moderation team
10. Prohibited Activities
You may not:
- Violate any applicable laws or regulations
- Upload malicious code or attempt to harm the App's infrastructure
- Create fake accounts or impersonate others
- Spam, harass, or abuse other users
- Attempt to circumvent security measures
- Use automated tools to access the App without permission
- Sell, transfer, or sublicense your account
10. Service Availability
Platform Maintenance
- We strive to maintain continuous service availability
- Scheduled maintenance may temporarily interrupt service
- We are not liable for service interruptions beyond our reasonable control
- Internet connectivity requirements apply for full functionality
Updates and Changes
- We may update the App to improve functionality and security
- You agree to install updates when available
- Failure to update may limit App functionality
- We may discontinue features or the entire service with notice
11. Disclaimers and Limitations
Service Provided "As Is"
THE APP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE. USER-GENERATED CONTENT IS NOT ENDORSED OR VERIFIED BY US.
Limitation of Liability
- Our liability is limited to the maximum extent permitted by law
- We are not liable for indirect, incidental, or consequential damages
- Total liability shall not exceed the amount you paid us in the last 12 months
- Some jurisdictions do not allow certain limitations, so these may not apply to you
12. Indemnification
You agree to indemnify and hold us harmless from claims arising from:
- Your use of the App
- Your violation of these Terms
- Your content and its publication on the platform
- Your infringement of any intellectual property or other rights
13. Dispute Resolution
Governing Law
- These Terms are governed by Texas state law
- Disputes will be resolved in Austin, Texas courts
- You waive any objection to venue or jurisdiction
Arbitration
- Most disputes must be resolved through binding arbitration
- Class action lawsuits are waived
- Small claims court remains available for qualifying disputes
- Arbitration will be conducted under American Arbitration Association rules
14. Changes to Terms
- We may update these Terms from time to time
- Material changes will be communicated through the App or email
- Continued use after changes constitutes acceptance
- You should review Terms periodically for updates