Terms of Service

Table of Contents

1. Definitions
2. Acceptance of Terms
3. Eligibility and Age Requirements
4. Account Registration and Security
5. User Content and Intellectual Property
6. Copyright and DMCA Compliance
7. Prohibited Uses
8. Service Availability and Beta Features
9. Subscription Plans, Billing, and Payments 9A. Referral Program and Account Credit
10. Embedded Players, Portfolios, and Public Content
11. Audio Processing and Quality
12. Third-Party Services
13. Electronic Communications
14. Content Monitoring
15. Disclaimer of Warranties
16. Limitation of Liability
17. Indemnification
18. Account Termination
19. Data and Privacy
20. File Storage and Deletion
21. Force Majeure
22. Assignment and Change of Ownership
23. Modifications to Service and Terms
24. Waiver and Severability
25. Survival
26. Governing Law and Dispute Resolution
27. Entire Agreement
28. Contact Information

1. DEFINITIONS

• “Service” means the SoundToggle web application, software, and related services
• “User Content” means all audio files, recordings, images, video, text, and other content you upload, process, or publish through the Service
• “We,” “us,” “our” means Capital Trading Group LLC DBA SoundToggle
• “You,” “your” means the user of the Service
• “Account” means your registered user account on the Service
• “Terms” means these Terms of Service
• “Subscription” means a paid plan that grants access to premium features of the Service
• “Lifetime License” means a one-time purchase granting access to a plan’s features for the operational lifetime of the Service as defined in Section 9.4
• “Free Plan” means the no-cost tier of the Service with limited features and storage
• “Trial Period” means the limited-duration free access to paid features offered to new users
• “Embedded Player” means an audio player generated by the Service for display on third-party websites
• “Portfolio” means a user’s public profile page on the Service
• “Showcase” means the curated public gallery of user projects that we may publish on our websites and marketing channels, as described in Section 10.5
• “Visibility Setting” means the public, unlisted, or private designation you apply to a project, as described in Section 10.3
• “Operational Lifetime” means the period during which Capital Trading Group LLC or its successor actively operates and maintains the SoundToggle platform

2. ACCEPTANCE OF TERMS

2.1 Agreement

By accessing or using SoundToggle, you agree to be bound by these Terms. These Terms are effective as of the date you first access the Service or the Last Updated date above, whichever is later. If you do not agree to these Terms, do not use the Service.

2.2 Prior Versions of the Service

These Terms apply to all versions of the Service, including any predecessor versions (such as the application previously available at soundtoggle.io). By continuing to use any version of the Service after the effective date of these Terms, you agree that these Terms supersede and replace any prior terms, agreements, or understandings — whether written, oral, or implied — related to your use of the Service. This includes any expectations or agreements arising from prior versions of the Service that did not have formal terms of service.

2.3 Change of Ownership

Ownership of SoundToggle and its associated intellectual property has transferred from Cloverleaf Audio LLC to Capital Trading Group LLC. Capital Trading Group LLC is the successor-in-interest to Cloverleaf Audio LLC with respect to the Service and has assumed the rights and obligations of the prior operator under the previously published terms, including existing Subscriptions and Lifetime Licenses. References to the operator of the Service in any prior agreement, notice, or communication should be read as referring to Capital Trading Group LLC. Your account, your User Content, your plan entitlements, and your billing arrangements are unaffected by this change except as described in these Terms.

3. ELIGIBILITY AND AGE REQUIREMENTS

3.1 Minimum Age

You must be at least 13 years of age to use the Service. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

3.2 Capacity

By using the Service, you represent that you have the legal capacity to enter into a binding agreement.

4. ACCOUNT REGISTRATION AND SECURITY

4.1 Account Creation

You may be required to create an account to access certain features of the Service. You agree to provide accurate, current, and complete information during registration and to keep this information updated.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breach

4.3 Account Sharing Prohibited

You may not share your account credentials with others or allow others to access your account. Each user must maintain their own individual account.

4.4 Account Compromise

If you believe your account has been compromised, you must immediately notify us at info@soundtoggle.io and change your password.

5. USER CONTENT AND INTELLECTUAL PROPERTY

5.1 Your Responsibilities and Rights Attestation

You are solely responsible for all User Content that you upload, process, publish, or distribute through the Service. At the moment you upload User Content, and again each time you change a project’s Visibility Setting, you represent and warrant that:

• You own all rights to the User Content, or have obtained all necessary permissions, licenses, clearances, and consents to use, reproduce, publicly perform, and distribute it in the manner enabled by the Service
• You have secured any rights required from other rights holders, including performers, featured artists, songwriters, publishers, and labels, for the uses you enable
• Your User Content does not infringe upon any third party’s intellectual property rights, including copyrights, trademarks, patents, or trade secrets, and does not violate any person’s rights of privacy or publicity
• Your User Content complies with all applicable laws and regulations

You are responsible for these representations regardless of whether the material is your own work, a client’s work, or work you were engaged to modify. Uploading a mix or master you produced does not by itself grant you the right to publish the underlying recording or composition.

5.2 License to Us

You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, cache, reproduce, encode, transcode, reformat, generate derivative proxy and preview versions of, transmit, publicly perform, and publicly display your User Content, solely to the extent necessary to operate and provide the Service to you and to the audiences you direct the Service to reach.

This license reflects what the Service technically must do to function — including generating compressed streaming proxies, generating waveform data and preview images, distributing your files through a content delivery network, and rendering your players on third-party websites where you place them. This license terminates when you delete the relevant User Content or your Account, subject to Section 20 and to any residual backup copies described in our Privacy Policy.

5.3 We Do Not Own Your Content

You retain all ownership rights to your User Content. We claim no ownership over any User Content you upload.

5.4 Public Content and Promotional Use

If you set a project’s Visibility Setting to public, you additionally grant us a non-exclusive, royalty-free license to display, publicly perform, and promote that project and its associated metadata (including title, artist name, artwork, and description) in the Showcase and in our marketing materials, including on our websites, in social media, and in demonstrations of the Service.

This additional license applies only to projects you have affirmatively marked public, and only for so long as they remain public. You may revoke it at any time by changing the project’s Visibility Setting or deleting the project, after which we will cease new promotional use within a reasonable period, though copies already distributed in third-party channels (such as a social media post) may persist outside our control. We are under no obligation to feature any project, and we may decline to feature or may remove any project from the Showcase at our sole discretion.

5.5 Feedback

If you send us suggestions, feature requests, or other feedback about the Service, you grant us an unrestricted, royalty-free right to use that feedback without obligation or compensation to you.

6. COPYRIGHT AND DMCA COMPLIANCE

We respect intellectual property rights and expect our users to do the same. We comply with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, and respond to valid takedown notices.

6.1 Designated Copyright Agent

We have registered a designated agent with the United States Copyright Office to receive notifications of claimed copyright infringement. Notices should be directed to:

Designated Agent: Matthew Ebso Capital Trading Group LLC 925 Bluegrass Dr E Billings, MT 59106 United States Phone: (406) 839-7504 Email: info@soundtoggle.io (please include “DMCA Notice” in the subject line)

U.S. Copyright Office DMCA Designated Agent Directory registration number: DMCA-1076546

6.2 Filing a Takedown Notice

If you believe that material available through the Service infringes your copyright, please send a written notice to our Designated Agent above that includes all of the following, as required by 17 U.S.C. § 512(c)(3):

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
2. Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are covered by a single notice
3. Identification of the material claimed to be infringing, with information reasonably sufficient to permit us to locate it (a direct URL to the player, project, or portfolio page is strongly preferred)
4. Your contact information, including address, telephone number, and email address
5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
6. A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf

Incomplete notices may delay our response. We may forward a copy of your notice, including your contact information, to the user who posted the material.

6.3 Counter-Notification

If your material was removed or disabled and you believe the removal was the result of mistake or misidentification, you may send a written counter-notification to our Designated Agent that includes all of the following, as required by 17 U.S.C. § 512(g)(3):

1. Your physical or electronic signature
2. Identification of the material that was removed or disabled, and the location at which it appeared before removal
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
4. Your name, address, and telephone number
5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside the United States, the judicial district in which Capital Trading Group LLC may be found), and that you will accept service of process from the person who filed the original notice or their agent

Upon receipt of a valid counter-notification, we will forward it to the party who submitted the original takedown notice. If that party does not notify us within ten (10) business days that they have filed an action seeking a court order to restrain the allegedly infringing activity, we may restore the removed material in not less than ten (10) nor more than fourteen (14) business days following receipt of the counter-notification.

6.4 Repeat Infringer Policy

We maintain and reasonably implement a policy for terminating, in appropriate circumstances, the accounts of users who are repeat infringers.

• Each instance of User Content removed or disabled in response to a valid DMCA takedown notice is recorded against your account as a strike.
• A strike is withdrawn if you submit a valid counter-notification and the material is restored under Section 6.3, or if the complaining party retracts the notice.
• Upon a first strike, we will notify you and may disable the specific material at issue.
• Upon a second strike, we will notify you and may suspend publishing and embedding features on your account pending your acknowledgment of this policy.
• Upon a third strike, we will terminate your account, disable your Embedded Players and Portfolio, and may delete your User Content, subject to Section 18.

We may terminate an account at any point, including on a first strike, where the circumstances warrant it — such as evidence of deliberate or large-scale infringement. We may also terminate accounts of users we determine to be repeat infringers based on other credible information, independent of formal notices.

6.5 Misrepresentation

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys’ fees. Do not make false claims.

6.6 Our Rights

We reserve the right to remove or disable access to any User Content that violates these Terms or infringes upon third-party rights, with or without prior notice, and to take any action we deem appropriate to preserve our safe harbor protections under the DMCA.

7. PROHIBITED USES

You agree not to:

• Upload content you do not have the right to use, publish, or distribute
• Violate any local, state, national, or international law
• Infringe upon intellectual property rights of others
• Upload malicious code, viruses, or harmful software
• Attempt to gain unauthorized access to the Service or related systems
• Use the Service for any illegal or unauthorized purpose
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Access the Service through automated means, or scrape, harvest, or systematically collect data or media from the Service, except as expressly permitted by us in writing
• Artificially inflate, manipulate, or falsify analytics data, play counts, or engagement metrics
• Circumvent or attempt to circumvent storage limits, plan entitlements, access controls, or password protection on any project

8. SERVICE AVAILABILITY AND BETA FEATURES

8.1 Uptime

We strive to maintain high availability but do not guarantee that the Service will be uninterrupted, secure, or error-free. We do not guarantee 100% uptime and are not liable for any downtime or service interruptions.

8.2 Maintenance

We reserve the right to temporarily suspend the Service for scheduled or emergency maintenance. When feasible, we will provide advance notice of scheduled maintenance.

8.3 Beta and Evolving Features

The Service may contain features in beta testing or under active development. These features:

• Are provided “as is” without warranty
• May be modified, discontinued, or removed at any time without notice
• May contain bugs or errors
• May not function as expected

8.4 No Backwards Compatibility

We have no obligation to maintain backwards compatibility with previous versions of the Service.

9. SUBSCRIPTION PLANS, BILLING, AND PAYMENTS

9.1 Plans and Pricing

The Service offers free and paid subscription plans with varying features, storage limits, and capabilities. Current plan details and pricing are available on our Pricing page. We reserve the right to change pricing, features, or plan structures at any time. Price changes will not affect your current billing cycle but will apply upon renewal.

9.2 Billing Cycles

Paid subscriptions are available in monthly, annual, and lifetime billing cycles. Monthly and annual subscriptions automatically renew at the end of each billing period unless cancelled. You authorize us to charge your payment method on file for all recurring fees.

9.3 Free Trial

New users may receive a free trial of paid features for a limited period (currently 14 days). At the end of the trial period, your account will automatically revert to the Free plan unless you select a paid plan. We reserve the right to modify, shorten, or discontinue the free trial at any time.

9.4 Lifetime Purchases

A “Lifetime” purchase grants you access to the purchased plan’s features for the operational lifetime of the Service, defined as the period during which Capital Trading Group LLC (or its successor) actively operates and maintains the SoundToggle platform. A Lifetime purchase is NOT a guarantee of perpetual or indefinite access. The operational lifetime of the Service ends if we permanently discontinue the Service for any reason, including but not limited to business closure, acquisition, merger, or strategic decision. In such an event, we will make reasonable efforts to provide at least 90 days’ notice before discontinuation and allow you to export your User Content during that notice period. Lifetime purchases are non-refundable and non-transferable. A Lifetime purchase entitles you to the features available in the purchased plan tier at the time of your purchase. While we may add features to your plan tier over time, we are under no obligation to do so, and we reserve the right to modify, replace, or restructure plan tiers and their included features.

For the avoidance of doubt, the transfer of ownership described in Section 2.3 did not end the Operational Lifetime of the Service. Capital Trading Group LLC has assumed existing Lifetime Licenses on their original terms.

9.5 Upgrades and Downgrades

You may upgrade or downgrade your subscription at any time through the Service. Upgrades take effect immediately with prorated billing. Downgrades take effect at the end of your current billing period. When downgrading, features and storage limits of the lower plan will apply, and you are responsible for ensuring your usage falls within the new plan’s limits.

9.6 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You will retain access to paid features until the end of the period you have already paid for. We do not provide prorated refunds for partial billing periods.

9.7 Refund Policy

All purchases are final and non-refundable except as required by applicable law. Lifetime purchases are non-refundable under any circumstances. If you experience a technical issue that prevents you from using the Service, contact us at info@soundtoggle.io and we will work with you to resolve the issue. We reserve the right to issue refunds or credits at our sole discretion on a case-by-case basis.

9.8 Failed Payments

If a payment fails, we may retry the charge, downgrade your account, or suspend access to paid features. We are not liable for any loss of access or data resulting from failed payments.

9.9 Taxes

You are responsible for all applicable taxes associated with your use of the Service. Prices displayed may not include taxes, which will be calculated and added at checkout where required by law.

9.10 Promotional Codes and Discounts

We may offer promotional codes, discounts, referral offers, or introductory pricing. Unless expressly stated otherwise:

• Promotional codes have no cash value, are non-transferable, and may not be combined with other offers
• Each code is subject to its own stated eligibility requirements, redemption limits, and expiration date
• A recurring discount applies only for the duration stated at the time of redemption
• We may modify, suspend, or discontinue any promotional offer at any time, and may void codes obtained through error, fraud, resale, or unauthorized distribution
• Retired or expired codes will not be honored

9A. REFERRAL PROGRAM AND ACCOUNT CREDIT

9A.1 Participation

Every SoundToggle account participates in our referral program. Each account receives a referral code and referral links, and — on free accounts and paid accounts that opt in — players may display a badge carrying that code. When a new user signs up through your link or badge and makes their first payment, you may earn a reward as described in this section. Participation for account-credit rewards requires no application. Cash payouts are separate, require an application and our approval, and are governed by the Affiliate Terms, which are incorporated into these Terms by reference for approved participants.

9A.2 How Rewards Are Earned

A reward is earned when a user you referred completes their first payment to us, at the rates published on our Refer & Earn page. Rewards are calculated on the amount we actually collect, after any discount. One reward is earned per referred user, on their first payment only. A reward becomes available 30 days after the payment, once the refund window has passed. If the underlying payment is refunded, disputed, or charged back — in whole or in part — the reward is reversed; if it was already used or paid, the amount may be deducted from your future rewards.

9A.3 Account Credit Is Not Money

Unless you have been approved for cash payouts under the Affiliate Terms, rewards are issued as promotional account credit. Account credit:

• may only be applied toward SoundToggle purchases and subscription invoices;
• has no cash value, and cannot be paid out, exchanged, transferred, or sold;
• is not converted to cash by a later switch to, or approval for, cash payouts — payout mode applies only to rewards earned after the change;
• expires 24 months after it is earned if unredeemed;
• may be adjusted or revoked where it was earned through fraud, self-referral, manufactured transactions, or breach of these Terms.

Credit held by subscribers may be delivered to the payment account we maintain for you with our payment processor and applied automatically to upcoming invoices; it remains promotional credit subject to this section wherever it is held.

9A.4 Referred-User Discounts

A user who signs up through a referral link may receive a discount on their first annual or lifetime purchase made within 12 months of signup, at the rates published on the Refer & Earn page. Discounts apply to the billing cycles stated there and do not apply retroactively to completed purchases. Renewals after a discounted first period are charged at the then-current full price.

9A.5 Attribution

Referrals are attributed using a first-party cookie as described in our Privacy Policy. Where multiple referral links are used, the most recent referral code prevails; original acquisition-channel information is retained separately. Attribution decisions, including in disputes between referrers, are made by us in good faith and are final.

9A.6 Program Changes

We may modify reward rates, discount rates, eligibility rules, or any other aspect of the referral program — or suspend or terminate it — at any time. Changes apply prospectively: rewards already earned under the prior rules are honored unless earned through fraud or abuse.

10. EMBEDDED PLAYERS, PORTFOLIOS, AND PUBLIC CONTENT

10.1 Embedded Players

The Service allows you to generate embed codes to display audio players on third-party websites. You are solely responsible for ensuring that your embedded players and the content within them comply with the terms and policies of any third-party website where they are displayed. We are not responsible for how third-party websites display, modify, or interact with embedded players.

10.2 Public Portfolio Pages

The Service allows you to create a public portfolio page accessible via a unique URL. Content you add to your portfolio — including your display name, bio, profile photo, and public projects — is visible to anyone with the link. You are solely responsible for the content you make publicly available through your portfolio.

10.3 Visibility Settings

Projects may be set to public, unlisted, or private. Public projects may appear on your Portfolio, may be indexed by search engines, and may be eligible for the Showcase under Section 5.4. Unlisted projects are accessible to anyone holding the link but are not listed on your Portfolio. Private projects are restricted to your account.

Visibility Settings control listing and access behavior within the Service. They are not a security classification, and you should not rely on them to protect confidential material where unauthorized disclosure would cause you harm.

10.4 Password-Protected Players

On eligible plans, you may set an access password on an unlisted project. Password protection is an access-control convenience intended to deter casual access. It is not encryption of your media, and it does not prevent a person who has legitimately accessed the material from recording, copying, or redistributing it.

You should not rely on password protection alone for material where unauthorized disclosure would cause serious harm, and you remain responsible for whom you share passwords and links with. Where you are handling third-party confidential material under a nondisclosure or similar agreement, you are responsible for ensuring that use of the Service satisfies your obligations under that agreement.

10.5 The Showcase

We may operate a curated public gallery (“the Showcase”) featuring selected projects that users have marked public. Inclusion is governed by the license in Section 5.4. We may add, decline to add, reorder, or remove any project at our discretion, and inclusion does not constitute an endorsement of you or your work.

10.6 Contact Forms and Lead Data

On eligible plans, your Portfolio may include a contact form through which visitors can send you messages and their contact details (“Lead Data”). Lead Data concerns individuals who are not our users and who have no direct relationship with us.

We process and transmit Lead Data to you as part of providing the Service. You are responsible for your own handling of Lead Data once it reaches you, including complying with applicable privacy, marketing, and anti-spam laws, honoring opt-out requests, and responding to any access or deletion requests those individuals make to you directly. You agree not to use Lead Data for unsolicited bulk marketing or to sell or transfer it to third parties without a lawful basis.

10.7 Analytics on Public Content

We collect usage data on embedded players, public portfolio pages, and Showcase entries, including play counts, toggle counts, listen duration and completion, approximate geographic region, device type, browser, referral source, and session identifiers. This data is made available to you through the Service’s analytics features.

Some of this data may constitute personal information under applicable law. By making content public or embeddable, you acknowledge that this collection occurs on pages and sites where you place our players, and you are responsible for making any disclosures or obtaining any consents required of you as the operator of the site where an Embedded Player appears. Our handling of this data is described in our Privacy Policy.

10.8 Effect of Termination on Live Embeds

If your account is terminated, suspended, or downgraded, or if you delete a project, any Embedded Players and share links for the affected content will stop functioning. Players already placed on third-party websites will cease to play and may display an error or a placeholder.

You are solely responsible for removing or replacing embed codes on any site where you have placed them, and for any consequences of a player ceasing to function on a client’s or third party’s website. We have no obligation to notify site operators, to maintain a player after the underlying account or project ends, or to provide a redirect.

11. AUDIO PROCESSING AND QUALITY

11.1 Processing Disclaimer

We make no warranties about the quality, accuracy, functionality, or suitability of processed audio files for any particular purpose.

11.2 Testing Required

You are responsible for testing all processed audio files before using them for professional, commercial, or critical purposes. We are not liable for any issues arising from the use of processed audio.

11.3 Processing Limitations

The Service may have limitations on file size and format, processing time, storage capacity, bandwidth usage, and number of concurrent operations. These limitations may change at any time without notice.

11.4 Derived and Playback-Time Processing

To deliver playback, the Service generates derived assets from your uploads, including compressed streaming proxies, waveform data, and preview images. Certain features — including loudness measurement and loudness-matched playback — are applied at playback time and affect only what a listener hears in that session. Your original uploaded files are not altered by these features. Measurements and playback adjustments are computed automatically and are provided for comparison convenience; they are not a certified measurement and should not be relied upon for mastering, delivery, or compliance decisions.

12. THIRD-PARTY SERVICES

12.1 Integration

The Service integrates with third-party services including but not limited to Stripe for payment processing, Amazon Web Services (AWS) for cloud storage, content delivery, and computing, Base44 for application platform and database services, Resend for transactional email, Mailchimp for marketing email, and Google Analytics for usage measurement. The current list of processors is maintained in our Privacy Policy.

12.2 Third-Party Terms

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for and do not endorse or control these third-party services.

12.3 Third-Party Liability

We are not liable for the performance, availability, or security of third-party services, any loss of data or functionality resulting from third-party service failures, changes to third-party service terms or pricing, or actions taken by third-party service providers.

12.4 Payment Processing

All payment processing is handled by Stripe. We do not store your complete payment card information. Your payment information is subject to Stripe’s terms and privacy policy.

13. ELECTRONIC COMMUNICATIONS

By using the Service, you consent to receive communications from us electronically, including service announcements, security alerts, updates to these Terms, billing and payment notifications, and marketing communications (which you may opt out of).

14. CONTENT MONITORING

We generally do not monitor, review, or edit User Content. However, we reserve the right to monitor User Content for compliance with these Terms and applicable law, remove or disable access to any User Content at any time, investigate and take appropriate action against users who violate these Terms, and cooperate with law enforcement when legally required.

Nothing in this Section obligates us to monitor User Content, and our exercise or non-exercise of these rights does not make us responsible for User Content or affect our protections under 17 U.S.C. § 512 or 47 U.S.C. § 230.

15. 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 WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

16. LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR YOUR USER CONTENT. WE ARE NOT RESPONSIBLE FOR ANY LEGAL CLAIMS, DAMAGES, OR LOSSES ARISING FROM YOUR UPLOAD, PROCESSING, PUBLICATION, OR DISTRIBUTION OF USER CONTENT, INCLUDING ANY COPYRIGHT INFRINGEMENT CLAIMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CAPITAL TRADING GROUP LLC DBA SOUNDTOGGLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

17. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Capital Trading Group LLC DBA SoundToggle, and its members, officers, employees, and agents, from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, your User Content, your violation of these Terms, your violation of any third-party rights, your handling of Lead Data, or any unauthorized use of your account.

18. ACCOUNT TERMINATION

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without notice. You may terminate your account at any time by contacting us at info@soundtoggle.io.

Upon termination, your right to use the Service ends immediately, and Section 10.8 governs the effect on any live Embedded Players. Where termination is for reasons other than a violation of these Terms, we will make reasonable efforts to allow you to export your User Content before deletion.

19. DATA AND PRIVACY

We collect, use, and process your personal information in connection with your use of the Service as described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of your information as described in that policy. We are committed to protecting your privacy and handling your data responsibly in accordance with applicable privacy laws.

20. FILE STORAGE AND DELETION

We reserve the right to delete User Content from our servers at any time. You are responsible for maintaining your own backups of all User Content. We are not responsible for any loss of User Content for any reason.

21. FORCE MAJEURE

We shall not be liable for any failure or delay in performance of the Service due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, government actions, Internet service provider failures, power outages, third-party service provider failures, or cyberattacks.

22. ASSIGNMENT AND CHANGE OF OWNERSHIP

We may assign these Terms, in whole or in part, at any time, including in connection with a merger, acquisition, sale of assets, or other business transfer. The transfer described in Section 2.3 was made under this provision and under the equivalent provision of the previously published terms. You may not assign these Terms without our prior written consent. These Terms bind and benefit the parties and their permitted successors and assigns.

23. MODIFICATIONS TO SERVICE AND TERMS

We reserve the right to modify or discontinue the Service, or any part thereof, at any time with or without notice. We reserve the right to modify these Terms at any time. When we make material changes, we will update the version identifier above and may require you to re-accept these Terms before continuing to use the Service. Your continued use of the Service after any changes constitutes your acceptance of the modified Terms.

24. WAIVER AND SEVERABILITY

Our failure to enforce any provision does not constitute a waiver. If any provision is found to be unenforceable, the remaining provisions shall remain in full force and effect.

25. SURVIVAL

Sections 5, 6, 9.4, 9.7, 10.6, 10.8, 15, 16, 17, 20, 26, and 27 shall survive termination of your account or these Terms.

26. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by the laws of the State of Montana, United States of America, without regard to its conflict of law principles. Any legal action arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Montana, and you consent to the personal jurisdiction of those courts.

Nothing in this Section limits either party’s ability to seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights.

27. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and Capital Trading Group LLC DBA SoundToggle regarding the Service and supersede all prior agreements, understandings, communications, and terms — whether written, oral, or implied — including any terms or expectations arising from prior versions of the Service (including the application previously available at soundtoggle.io) and any terms previously published by Cloverleaf Audio LLC. No prior course of dealing, usage of trade, or oral agreement shall modify or supplement these Terms.

28. CONTACT INFORMATION

For questions about these Terms, contact us at:

Capital Trading Group LLC DBA SoundToggle

925 Bluegrass Dr E Billings, MT 59106 United States

Email: info@soundtoggle.io

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