Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Systivate LLC, doing business as DealRhythm ("DealRhythm," "we," "us," or "our"), concerning your access to and use of the DealRhythm platform and services.

By accessing or using our service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the service.

Description of Service

DealRhythm is a B2B outreach platform that helps users identify prospects, research their background, draft personalized outreach messages, and manage email campaigns. Our service includes:

• Prospect research and identification based on your Ideal Customer Profile (ICP)
• AI-assisted message drafting and personalization
• Human approval workflow for all outbound communications
• Email sending infrastructure and deliverability optimization
• Analytics and reporting on campaign performance

Account Registration

To use DealRhythm, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that contain false or misleading information or are used in violation of these Terms.

Acceptable Use

You agree to use DealRhythm only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Send spam, unsolicited bulk email, or messages that violate CAN-SPAM, GDPR, or other applicable laws
• Send deceptive, misleading, or fraudulent messages
• Impersonate another person or entity
• Harvest or collect email addresses or personal information without consent
• Use the service to promote illegal activities or harmful content
• Interfere with or disrupt the service or servers
• Attempt to gain unauthorized access to any part of the service
• Use automated scripts to access the service without our express permission
• Resell, sublicense, or share your account credentials
• Use the service to send messages promoting hate speech, harassment, or discrimination

Email Compliance

You are responsible for ensuring that all outbound communications sent through DealRhythm comply with applicable laws and regulations, including but not limited to:

• CAN-SPAM Act (United States)
• GDPR (European Union)
• CASL (Canada)
• Other applicable anti-spam and data protection laws

You agree to:

• Include accurate sender information and a valid physical address
• Honor opt-out and unsubscribe requests promptly (within 10 business days)
• Not use false or misleading subject lines
• Clearly identify messages as advertisements where required
• Maintain records of consent where required by law

DealRhythm provides tools to help you comply, but ultimate responsibility for compliance rests with you.

Human Approval Requirement

DealRhythm is designed with a human-in-the-loop approval process. You acknowledge that:

• You are responsible for reviewing and approving all messages before they are sent
• By approving a message, you confirm it is accurate, appropriate, and compliant
• We may provide AI-generated drafts, but final responsibility for content is yours
• You should not approve messages you have not reviewed

Fees and Payment

DealRhythm offers subscription-based pricing. By subscribing, you agree to:

• Pay all applicable fees as described on our pricing page
• Provide valid payment information
• Authorize recurring charges for subscription renewals

Fees are non-refundable except as required by law or as explicitly stated in our refund policy. We reserve the right to change our pricing with 30 days notice to existing customers.

Intellectual Property

The DealRhythm service, including its original content, features, and functionality, is owned by Systivate LLC and is protected by copyright, trademark, and other intellectual property laws.

You retain ownership of any content you create or upload to DealRhythm, including your message templates, ICP definitions, and prospect lists. By using our service, you grant us a limited license to use this content solely to provide and improve our services.

Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You represent that you have the right to use any data you upload to or process through DealRhythm, and that such use does not violate any third party's rights or applicable laws.

Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to our service. We may:

• Perform scheduled maintenance with reasonable notice
• Experience unplanned downtime due to technical issues
• Modify or discontinue features with notice to users

We are not liable for any damages resulting from service interruptions.

Termination

You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation:

• Your subscription will remain active until the end of your current billing period
• You will retain access to your data for 30 days after termination
• We will delete your data within 90 days of termination unless retention is required by law

We may suspend or terminate your account immediately if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• Your use poses a security risk to our service or other users
• Required by law or legal process

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, AND NON-INFRINGEMENT.

We do not warrant that:

• The service will meet your specific requirements
• The service will be uninterrupted, timely, secure, or error-free
• Results obtained from using the service will be accurate or reliable
• Any specific number of leads, meetings, or conversions will result from using our service

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SYSTIVATE LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the service
• Any conduct or content of any third party on the service
• Unauthorized access, use, or alteration of your transmissions or content
• Any messages sent through the service, including those you approved

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless Systivate LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

• Your access to or use of the service
• Your violation of these Terms
• Your violation of any third party rights, including privacy or intellectual property rights
• Any content or messages you send through the service

Governing Law

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

Any disputes arising from these Terms or your use of the service shall be resolved in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

Dispute Resolution

Before filing any legal claim, you agree to attempt to resolve disputes informally by contacting us at legal@dealrhythm.ai. We will attempt to resolve the dispute within 30 days.

If informal resolution is unsuccessful, any dispute shall be resolved through binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules, except that you may bring claims in small claims court if eligible.

Changes 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 our website and updating the "Last updated" date.

Your continued use of the service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the service.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and DealRhythm regarding your use of the service.

Contact Us

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