Terms of Use

Terms of Use

Rhumb Mobile Application

Operated by Rhumb, LLC

Effective Date: 10/16/2026

Rhumb Mobile Application

Operated by Rhumb, LLC

Effective Date: 10/16/2026

  1. Acceptance of Terms


These Terms of Use (“Terms”) govern your access to and use of the Rhumb mobile application (“Rhumb” or the “App”), operated by Rhumb, LLC (“Rhumb,” “we,” “us,” or “our”).


By creating an account and indicating your agreement to these Terms, or by otherwise using Rhumb after agreeing to these Terms, you agree to be bound by them and acknowledge our Privacy Policy.


If you do not agree to these Terms, you should not create an account or use the App.


  1. About Rhumb


Rhumb is a mobile application designed to help people make time for what matters to them and learn through action.


The App provides tools for planning and organizing activities, creating Focuses and Systems, recording Notes and Needs, tracking activity and progress, reflecting on your experience, setting reminders, and using other related features.


Rhumb is intended as a tool for personal organization, exploration, and reflection. Rhumb does not guarantee that use of the App will result in any particular personal, professional, financial, educational, health, or other outcome.


We may add, modify, remove, suspend, or discontinue features of Rhumb as the product develops.


  1. Eligibility


You must be at least 13 years old to use Rhumb.


If you are between the ages of 13 and 18 (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. Your parent or legal guardian is responsible for supervising your use of Rhumb.


Rhumb is not directed to children under 13. You may not create an account or use Rhumb if you are under 13.


  1. Your Account


You must create an account to use Rhumb.


When creating or maintaining an account, you agree to:


  • Provide accurate and complete information;

  • Maintain the security and confidentiality of your login credentials;

  • Accept responsibility for all activities that occur under your account; and

  • Immediately notify Rhumb at privacy@tryrhumb.com if you become aware of any unauthorized use of your account or any other breach of security.


You may not use another person’s account without authorization or create an account for fraudulent, abusive, or unlawful purposes.


We may restrict, suspend, or terminate access to an account if reasonably necessary to protect Rhumb or its users, comply with law, address misuse, or enforce these Terms.


  1. Your Content and Data


    1. Your Content


      Rhumb allows you to create and store information such as Focuses, Systems, activities, Needs, Notes, Reflections, profile information, and other content (“User Content”).


      You retain ownership of User Content that you create.


    2. Permission to Operate Rhumb


      You grant Rhumb a limited, non-exclusive license to host, store, process, reproduce, and otherwise use your User Content only as reasonably necessary to operate, maintain, secure, and provide Rhumb and its features.


      This license does not transfer ownership of your User Content to Rhumb.


    3. Responsibility for Your Content:


      You are responsible for the User Content you choose to enter into Rhumb and for ensuring that you have the right to provide that content.


      You agree not to use Rhumb to store or submit content that violates applicable law or infringes another person’s rights. Our handling of personal information is described in our Privacy Policy.


  1. Personal Use and Acceptable Use


Subject to these Terms, Rhumb grants you a limited, personal, non-exclusive, non-transferable, revocable right to use the App on compatible devices you own or control in accordance with applicable App Store rules.


You may not:


  • Use Rhumb for an unlawful or fraudulent purpose;

  • Attempt to gain unauthorized access to Rhumb, another user’s account, or systems connected to the App;

  • Interfere with or disrupt the operation or security of Rhumb;

  • Introduce malware, malicious code, or other harmful technology;

  • Use automated systems to scrape, extract, or access Rhumb in a manner not authorized by us;

  • Circumvent security or access controls;

  • Impersonate another person or misrepresent your affiliation with another person or organization;

  • Use Rhumb in a manner that infringes the intellectual-property or other legal rights of another person; or

  • Copy, modify, distribute, sell, sublicense, reverse engineer, or attempt to derive the source code of the App except where such restriction is prohibited by applicable law.


We may take reasonable action to investigate or prevent misuse of Rhumb.


  1. Rhumb’s Intellectual Property


Rhumb, including its software, visual design, branding, logos, text created by Rhumb, interfaces, and other materials provided as part of the App, is owned by Rhumb, LLC or its licensors and is protected by applicable intellectual-property laws.


Except for the limited right to use the App granted under these Terms, these Terms do not grant you ownership of Rhumb or its intellectual property.


Your User Content remains yours as described in Section 5.


  1. Feedback


If you voluntarily provide feedback, suggestions, ideas, or other input about Rhumb, you agree that we may use that feedback to develop, improve, or operate Rhumb without compensation or obligation to you.


This section does not give Rhumb ownership of the private User Content you create while using the App.


  1. Reminders, Timing, and Planning Information


Rhumb may provide reminders, schedules, timers, estimated durations, progress information, and other planning features.


These features are organizational tools. Times and durations shown in Rhumb may be estimates or suggestions and should not be relied upon as guaranteed deadlines, alarms, or time-sensitive safety notifications.


You remain responsible for decisions you make based on information stored in or presented by the App.


  1. Purchases and Subscriptions


Rhumb may offer paid features, subscriptions, or other purchases.


Before completing a purchase, you will be shown applicable pricing and subscription information as required by the platform through which the purchase is made.


If a subscription is purchased through Apple’s App Store, payment will be charged through your Apple account and the purchase will be subject to Apple’s applicable payment, renewal, cancellation, and refund terms.


Auto-renewable subscriptions, if offered, may renew automatically unless canceled in accordance with the terms presented at purchase and the applicable App Store requirements. You can manage subscriptions purchased through Apple using your Apple account’s subscription settings.


Rhumb may change the features or pricing associated with paid offerings as permitted by applicable law and platform requirements. Any required notice of price changes or subscription changes will be provided through the applicable purchasing system or otherwise as required.


If Rhumb later supports another authorized payment method, applicable terms will be presented before purchase and these Terms may be updated accordingly.


  1. Account Deletion and Termination


    1. Deleting Your Account


      You may request deletion of your Rhumb account using the account-deletion feature available within the App.


      Deleting the App from your device does not delete your Rhumb account.


      Account deletion is handled as described in our Privacy Policy. Certain limited information may be retained where permitted or required by law or where reasonably necessary for legitimate security, technical, or legal purposes.


    2. Termination by Rhumb


      We may suspend or terminate your access to Rhumb if you materially violate these Terms, use Rhumb unlawfully, create a security risk, or if suspension or termination is reasonably necessary to protect Rhumb, our users, or third parties.


      We may also discontinue Rhumb or portions of the service.


      Where appropriate and reasonably practicable, we may provide notice before terminating access, but circumstances involving security, legal requirements, fraud, or serious misuse may require immediate action.


    3. Effect of Termination


      When your account is deleted or terminated, your right to use the account ends.


      Sections of these Terms that by their nature should continue after termination, including provisions concerning ownership, feedback, disclaimers, limitation of liability, indemnification, and dispute resolution, will survive.


  2. Third-Party Services


Rhumb relies on third-party services and technology to provide portions of the App and may contain links to third-party websites or services.


Your use of third-party services may be subject to separate terms and privacy policies provided by those third parties.


Rhumb is not responsible for third-party products or services that we do not own or control, except to the extent otherwise required by applicable law.


Our Privacy Policy describes third-party service providers that process personal information in connection with Rhumb.


  1. Availability and Changes to Rhumb


We work to keep Rhumb available and functioning, but we do not guarantee uninterrupted or error-free access.


Rhumb may occasionally be unavailable because of

maintenance, technical problems, network conditions, third-party service interruptions, updates, or circumstances outside our control.


We may update or change Rhumb over time, including by adding, modifying, or removing functionality.


You are responsible for maintaining a compatible device, operating system, internet connection where required, and other equipment necessary to use Rhumb.


  1. Disclaimer of Warranties


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RHUMB IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.


Rhumb, LLC disclaims warranties that may legally be disclaimed, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.


We do not warrant that Rhumb will always be available, uninterrupted, secure, error-free, or free from loss of data, or that every error will be corrected.


Rhumb is a tool for personal planning, action, observation, and reflection. We do not guarantee any particular result from using the App.


Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.


  1. Limitation of Liability


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RHUMB, LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE RHUMB.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RHUMB, LLC’S TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO RHUMB OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO RHUMB FOR USE OF THE APP DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).


These limitations apply only to the extent permitted by applicable law. Some jurisdictions do not permit certain exclusions or limitations of liability, in which case the applicable limitations will apply only to the maximum extent permitted.


  1. Indemnification


To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Rhumb, LLC and its members, managers, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your User Content; (b) your violation of these Terms; or (c) your violation of applicable law or the rights of any third party.


Rhumb, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Rhumb, LLC in asserting any available defenses.


  1. Apple App Store Terms


If you download Rhumb through Apple’s App Store, the following provisions apply:


These Terms are between you and Rhumb, LLC, not Apple Inc. (“Apple”). Rhumb, LLC, not Apple, is responsible for the App and its content.


Your license to use Rhumb is limited to use on Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, including any use permitted through Family Sharing or volume purchasing where applicable.


Rhumb, LLC is responsible for providing maintenance and support for the App as required under applicable law. Apple has no obligation to provide maintenance or support services for Rhumb.


To the extent any warranty exists under applicable law and Rhumb fails to conform to that warranty, you may notify Apple and Apple may refund the purchase price, if any, for the App. To the maximum extent permitted by law, Apple has no other warranty obligation regarding Rhumb.


Rhumb, LLC, not Apple, is responsible for addressing claims relating to Rhumb or your possession or use of the App, including product-liability claims, claims that the App fails to comply with applicable legal or regulatory requirements, and claims arising under consumer-protection, privacy, or similar laws.


If a third party claims that Rhumb or your possession and use of Rhumb infringes that party’s intellectual-property rights, Rhumb, LLC, not Apple, is responsible for the investigation, defense, settlement, and discharge of that claim to the extent required under these Terms or applicable law.


Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.


  1. Governing Law and Dispute Resolution


    1. Governing Law


      These Terms and disputes arising from or relating to them or Rhumb will be governed by the laws of the State of Texas, without regard to its conflict-of-law principles, except where applicable law requires otherwise.


    2. Binding Arbitration


      Except as set forth in Section 18.4, any dispute, claim, or controversy arising out of or relating to these Terms or your use of Rhumb (“Dispute”) will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration will be conducted before a single arbitrator in Houston, Texas. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.


    3. Class-Action Waiver


      YOU AND RHUMB, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.


      If this class-action waiver is found to be unenforceable, the entirety of the arbitration provision in this Section 18 will be null and void.


    4. Exceptions


      Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual-property rights or to prevent irreparable harm. Claims within the jurisdiction of small-claims court may also be brought in such court.


    5. Opt-Out


      You may opt out of the arbitration and class-action waiver provisions of this Section 18 by sending written notice to Rhumb, LLC, 1919 Wipprecht St, Houston, TX 77020 within thirty (30) days of first accepting these Terms. The notice must include your name, email address associated with your Rhumb account, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts located in Harris County, Texas, and you consent to personal jurisdiction in those courts.


  2. Export Controls and Sanctions Compliance


You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control.


You agree to comply with all applicable export control laws, sanctions, and regulations in connection with your use of Rhumb.


  1. Force Majeure


Rhumb, LLC will not be liable for any delay or failure to perform any obligation under these Terms (other than payment obligations) to the extent that such delay or failure results from causes beyond Rhumb, LLC’s reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications disruptions, failures of third-party service providers, epidemics, war, terrorism, labor disputes, or power failures.


  1. Changes to These Terms


We may update these Terms as Rhumb evolves or as legal, regulatory, or operational requirements change.


When we update the Terms, we will update the Effective Date above. If changes materially affect your rights or obligations, we will provide additional notice or request renewed agreement where required by applicable law.


Changes will not apply retroactively except where permitted or required by law.


If you do not agree to updated Terms, you should stop using Rhumb and may delete your account.


  1. General Terms


Entire Agreement


These Terms and the Privacy Policy constitute the agreement between you and Rhumb, LLC concerning your use of Rhumb, except where additional terms are expressly presented for a particular feature or purchase.


Severability


If a provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.


Waiver


Rhumb’s failure to enforce a provision of these Terms does not waive our right to enforce that provision later.


Assignment


You may not assign your rights or obligations under these Terms without our prior written consent. Rhumb, LLC may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or other lawful transfer of the business, subject to applicable law.


No Third-Party Beneficiaries


Except for Apple as expressly provided in Section 17, these Terms do not create third-party beneficiary rights.


  1. Contact Us


Questions about these Terms may be directed to:


Rhumb, LLC

1919 Wipprecht St

Houston, TX 77020

privacy@tryrhumb.com

  1. Acceptance of Terms


These Terms of Use (“Terms”) govern your access to and use of the Rhumb mobile application (“Rhumb” or the “App”), operated by Rhumb, LLC (“Rhumb,” “we,” “us,” or “our”).


By creating an account and indicating your agreement to these Terms, or by otherwise using Rhumb after agreeing to these Terms, you agree to be bound by them and acknowledge our Privacy Policy.


If you do not agree to these Terms, you should not create an account or use the App.


  1. About Rhumb


Rhumb is a mobile application designed to help people make time for what matters to them and learn through action.


The App provides tools for planning and organizing activities, creating Focuses and Systems, recording Notes and Needs, tracking activity and progress, reflecting on your experience, setting reminders, and using other related features.


Rhumb is intended as a tool for personal organization, exploration, and reflection. Rhumb does not guarantee that use of the App will result in any particular personal, professional, financial, educational, health, or other outcome.


We may add, modify, remove, suspend, or discontinue features of Rhumb as the product develops.


  1. Eligibility


You must be at least 13 years old to use Rhumb.


If you are between the ages of 13 and 18 (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. Your parent or legal guardian is responsible for supervising your use of Rhumb.


Rhumb is not directed to children under 13. You may not create an account or use Rhumb if you are under 13.


  1. Your Account


You must create an account to use Rhumb.


When creating or maintaining an account, you agree to:


  • Provide accurate and complete information;

  • Maintain the security and confidentiality of your login credentials;

  • Accept responsibility for all activities that occur under your account; and

  • Immediately notify Rhumb at privacy@tryrhumb.com if you become aware of any unauthorized use of your account or any other breach of security.


You may not use another person’s account without authorization or create an account for fraudulent, abusive, or unlawful purposes.


We may restrict, suspend, or terminate access to an account if reasonably necessary to protect Rhumb or its users, comply with law, address misuse, or enforce these Terms.


  1. Your Content and Data


    1. Your Content


      Rhumb allows you to create and store information such as Focuses, Systems, activities, Needs, Notes, Reflections, profile information, and other content (“User Content”).


      You retain ownership of User Content that you create.


    2. Permission to Operate Rhumb


      You grant Rhumb a limited, non-exclusive license to host, store, process, reproduce, and otherwise use your User Content only as reasonably necessary to operate, maintain, secure, and provide Rhumb and its features.


      This license does not transfer ownership of your User Content to Rhumb.


    3. Responsibility for Your Content:


      You are responsible for the User Content you choose to enter into Rhumb and for ensuring that you have the right to provide that content.


      You agree not to use Rhumb to store or submit content that violates applicable law or infringes another person’s rights. Our handling of personal information is described in our Privacy Policy.


  1. Personal Use and Acceptable Use


Subject to these Terms, Rhumb grants you a limited, personal, non-exclusive, non-transferable, revocable right to use the App on compatible devices you own or control in accordance with applicable App Store rules.


You may not:


  • Use Rhumb for an unlawful or fraudulent purpose;

  • Attempt to gain unauthorized access to Rhumb, another user’s account, or systems connected to the App;

  • Interfere with or disrupt the operation or security of Rhumb;

  • Introduce malware, malicious code, or other harmful technology;

  • Use automated systems to scrape, extract, or access Rhumb in a manner not authorized by us;

  • Circumvent security or access controls;

  • Impersonate another person or misrepresent your affiliation with another person or organization;

  • Use Rhumb in a manner that infringes the intellectual-property or other legal rights of another person; or

  • Copy, modify, distribute, sell, sublicense, reverse engineer, or attempt to derive the source code of the App except where such restriction is prohibited by applicable law.


We may take reasonable action to investigate or prevent misuse of Rhumb.


  1. Rhumb’s Intellectual Property


Rhumb, including its software, visual design, branding, logos, text created by Rhumb, interfaces, and other materials provided as part of the App, is owned by Rhumb, LLC or its licensors and is protected by applicable intellectual-property laws.


Except for the limited right to use the App granted under these Terms, these Terms do not grant you ownership of Rhumb or its intellectual property.


Your User Content remains yours as described in Section 5.


  1. Feedback


If you voluntarily provide feedback, suggestions, ideas, or other input about Rhumb, you agree that we may use that feedback to develop, improve, or operate Rhumb without compensation or obligation to you.


This section does not give Rhumb ownership of the private User Content you create while using the App.


  1. Reminders, Timing, and Planning Information


Rhumb may provide reminders, schedules, timers, estimated durations, progress information, and other planning features.


These features are organizational tools. Times and durations shown in Rhumb may be estimates or suggestions and should not be relied upon as guaranteed deadlines, alarms, or time-sensitive safety notifications.


You remain responsible for decisions you make based on information stored in or presented by the App.


  1. Purchases and Subscriptions


Rhumb may offer paid features, subscriptions, or other purchases.


Before completing a purchase, you will be shown applicable pricing and subscription information as required by the platform through which the purchase is made.


If a subscription is purchased through Apple’s App Store, payment will be charged through your Apple account and the purchase will be subject to Apple’s applicable payment, renewal, cancellation, and refund terms.


Auto-renewable subscriptions, if offered, may renew automatically unless canceled in accordance with the terms presented at purchase and the applicable App Store requirements. You can manage subscriptions purchased through Apple using your Apple account’s subscription settings.


Rhumb may change the features or pricing associated with paid offerings as permitted by applicable law and platform requirements. Any required notice of price changes or subscription changes will be provided through the applicable purchasing system or otherwise as required.


If Rhumb later supports another authorized payment method, applicable terms will be presented before purchase and these Terms may be updated accordingly.


  1. Account Deletion and Termination


    1. Deleting Your Account


      You may request deletion of your Rhumb account using the account-deletion feature available within the App.


      Deleting the App from your device does not delete your Rhumb account.


      Account deletion is handled as described in our Privacy Policy. Certain limited information may be retained where permitted or required by law or where reasonably necessary for legitimate security, technical, or legal purposes.


    2. Termination by Rhumb


      We may suspend or terminate your access to Rhumb if you materially violate these Terms, use Rhumb unlawfully, create a security risk, or if suspension or termination is reasonably necessary to protect Rhumb, our users, or third parties.


      We may also discontinue Rhumb or portions of the service.


      Where appropriate and reasonably practicable, we may provide notice before terminating access, but circumstances involving security, legal requirements, fraud, or serious misuse may require immediate action.


    3. Effect of Termination


      When your account is deleted or terminated, your right to use the account ends.


      Sections of these Terms that by their nature should continue after termination, including provisions concerning ownership, feedback, disclaimers, limitation of liability, indemnification, and dispute resolution, will survive.


  2. Third-Party Services


Rhumb relies on third-party services and technology to provide portions of the App and may contain links to third-party websites or services.


Your use of third-party services may be subject to separate terms and privacy policies provided by those third parties.


Rhumb is not responsible for third-party products or services that we do not own or control, except to the extent otherwise required by applicable law.


Our Privacy Policy describes third-party service providers that process personal information in connection with Rhumb.


  1. Availability and Changes to Rhumb


We work to keep Rhumb available and functioning, but we do not guarantee uninterrupted or error-free access.


Rhumb may occasionally be unavailable because of

maintenance, technical problems, network conditions, third-party service interruptions, updates, or circumstances outside our control.


We may update or change Rhumb over time, including by adding, modifying, or removing functionality.


You are responsible for maintaining a compatible device, operating system, internet connection where required, and other equipment necessary to use Rhumb.


  1. Disclaimer of Warranties


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RHUMB IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.


Rhumb, LLC disclaims warranties that may legally be disclaimed, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.


We do not warrant that Rhumb will always be available, uninterrupted, secure, error-free, or free from loss of data, or that every error will be corrected.


Rhumb is a tool for personal planning, action, observation, and reflection. We do not guarantee any particular result from using the App.


Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.


  1. Limitation of Liability


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RHUMB, LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE RHUMB.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RHUMB, LLC’S TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO RHUMB OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO RHUMB FOR USE OF THE APP DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).


These limitations apply only to the extent permitted by applicable law. Some jurisdictions do not permit certain exclusions or limitations of liability, in which case the applicable limitations will apply only to the maximum extent permitted.


  1. Indemnification


To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Rhumb, LLC and its members, managers, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your User Content; (b) your violation of these Terms; or (c) your violation of applicable law or the rights of any third party.


Rhumb, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Rhumb, LLC in asserting any available defenses.


  1. Apple App Store Terms


If you download Rhumb through Apple’s App Store, the following provisions apply:


These Terms are between you and Rhumb, LLC, not Apple Inc. (“Apple”). Rhumb, LLC, not Apple, is responsible for the App and its content.


Your license to use Rhumb is limited to use on Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, including any use permitted through Family Sharing or volume purchasing where applicable.


Rhumb, LLC is responsible for providing maintenance and support for the App as required under applicable law. Apple has no obligation to provide maintenance or support services for Rhumb.


To the extent any warranty exists under applicable law and Rhumb fails to conform to that warranty, you may notify Apple and Apple may refund the purchase price, if any, for the App. To the maximum extent permitted by law, Apple has no other warranty obligation regarding Rhumb.


Rhumb, LLC, not Apple, is responsible for addressing claims relating to Rhumb or your possession or use of the App, including product-liability claims, claims that the App fails to comply with applicable legal or regulatory requirements, and claims arising under consumer-protection, privacy, or similar laws.


If a third party claims that Rhumb or your possession and use of Rhumb infringes that party’s intellectual-property rights, Rhumb, LLC, not Apple, is responsible for the investigation, defense, settlement, and discharge of that claim to the extent required under these Terms or applicable law.


Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.


  1. Governing Law and Dispute Resolution


    1. Governing Law


      These Terms and disputes arising from or relating to them or Rhumb will be governed by the laws of the State of Texas, without regard to its conflict-of-law principles, except where applicable law requires otherwise.


    2. Binding Arbitration


      Except as set forth in Section 18.4, any dispute, claim, or controversy arising out of or relating to these Terms or your use of Rhumb (“Dispute”) will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration will be conducted before a single arbitrator in Houston, Texas. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.


    3. Class-Action Waiver


      YOU AND RHUMB, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.


      If this class-action waiver is found to be unenforceable, the entirety of the arbitration provision in this Section 18 will be null and void.


    4. Exceptions


      Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual-property rights or to prevent irreparable harm. Claims within the jurisdiction of small-claims court may also be brought in such court.


    5. Opt-Out


      You may opt out of the arbitration and class-action waiver provisions of this Section 18 by sending written notice to Rhumb, LLC, 1919 Wipprecht St, Houston, TX 77020 within thirty (30) days of first accepting these Terms. The notice must include your name, email address associated with your Rhumb account, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts located in Harris County, Texas, and you consent to personal jurisdiction in those courts.


  2. Export Controls and Sanctions Compliance


You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control.


You agree to comply with all applicable export control laws, sanctions, and regulations in connection with your use of Rhumb.


  1. Force Majeure


Rhumb, LLC will not be liable for any delay or failure to perform any obligation under these Terms (other than payment obligations) to the extent that such delay or failure results from causes beyond Rhumb, LLC’s reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications disruptions, failures of third-party service providers, epidemics, war, terrorism, labor disputes, or power failures.


  1. Changes to These Terms


We may update these Terms as Rhumb evolves or as legal, regulatory, or operational requirements change.


When we update the Terms, we will update the Effective Date above. If changes materially affect your rights or obligations, we will provide additional notice or request renewed agreement where required by applicable law.


Changes will not apply retroactively except where permitted or required by law.


If you do not agree to updated Terms, you should stop using Rhumb and may delete your account.


  1. General Terms


Entire Agreement


These Terms and the Privacy Policy constitute the agreement between you and Rhumb, LLC concerning your use of Rhumb, except where additional terms are expressly presented for a particular feature or purchase.


Severability


If a provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.


Waiver


Rhumb’s failure to enforce a provision of these Terms does not waive our right to enforce that provision later.


Assignment


You may not assign your rights or obligations under these Terms without our prior written consent. Rhumb, LLC may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or other lawful transfer of the business, subject to applicable law.


No Third-Party Beneficiaries


Except for Apple as expressly provided in Section 17, these Terms do not create third-party beneficiary rights.


  1. Contact Us


Questions about these Terms may be directed to:


Rhumb, LLC

1919 Wipprecht St

Houston, TX 77020

privacy@tryrhumb.com

Rhumb

by Rhumb, LLC.

Rhumb

by Rhumb, LLC.