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
10. Embedded Players and Public Profiles
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
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, and other content you upload or process
• "We," "us," "our" means Cloverleaf Audio 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 comparison player generated by the Service for display on third-party websites
• "Portfolio" means a user's public profile page on the Service
• "Operational Lifetime" means the period during which Cloverleaf Audio LLC or its successor actively operates and maintains the SoundToggle platform

2. ACCEPTANCE OF TERMS

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.

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 \u2014 whether written, oral, or implied \u2014 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.

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

You are solely responsible for all User Content that you upload, process, or distribute through the Service. By uploading User Content, you represent and warrant that:

• You own all rights to the User Content, or have obtained all necessary permissions, licenses, and clearances to use and distribute it
• Your User Content does not infringe upon any third party's intellectual property rights, including copyrights, trademarks, patents, or trade secrets
• Your User Content complies with all applicable laws and regulations

5.2 License to Us

You grant us a limited, non-exclusive, royalty-free license to store, process, and transmit your User Content solely for the purpose of providing the Service to you.

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.

6. COPYRIGHT AND DMCA COMPLIANCE

6.1 Copyright Infringement

We respect intellectual property rights and expect our users to do the same. We comply with the Digital Millennium Copyright Act (DMCA) and will respond to valid takedown notices.

6.2 Takedown Procedures

If you believe your copyrighted work has been uploaded without authorization, please contact us with:

• Your contact information
• Description of the copyrighted work
• Location of the infringing material on our Service
• A statement of good faith belief that use is unauthorized
• A statement that the information is accurate and you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

6.3 Our Rights

We reserve the right to remove any User Content that violates these Terms or infringes upon third-party rights, without prior notice. Repeat infringers may have their accounts terminated.

7. PROHIBITED USES

You agree not to:

• Upload content you do not have the right to use
• 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
• Interfere with or disrupt the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service

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 Cloverleaf Audio 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.

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.

10. EMBEDDED PLAYERS AND PUBLIC PROFILES

10.1 Embedded Players

The Service allows you to generate embed codes to display audio comparison 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 Analytics on Public Content

We collect anonymized usage data on embedded players and public portfolio pages, including but not limited to play counts, toggle counts, geographic region, device type, and referral source. This data is collected from visitors who interact with your public content and is made available to you through the Service's analytics features. By making content public or embeddable, you acknowledge that this data collection occurs.

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.

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 and computing, and other third-party tools and services.

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.

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, OR DISTRIBUTION OF USER CONTENT, INCLUDING ANY COPYRIGHT INFRINGEMENT CLAIMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CLOVERLEAF AUDIO 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 Cloverleaf Audio LLC DBA SoundToggle from any claims, damages, losses, liabilities, and expenses arising from your use of the Service, your User Content, your violation of these Terms, your violation of any third-party rights, 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.

19. DATA AND PRIVACY

We collect, use, and process your personal information in connection with your use of the Service. By using the Service, you consent to our collection and use of your information as described in our operations. 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

We may assign these Terms at any time. You may not assign these Terms without our prior written consent.

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. 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, 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 Minnesota, United States of America. Any legal action shall be brought exclusively in the courts located in Minnesota.

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 Cloverleaf Audio 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). 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 or to report copyright infringement, contact us at:

Cloverleaf Audio LLC DBA SoundToggle

Email: info@soundtoggle.io

For DMCA copyright infringement notices, please email info@soundtoggle.io with "DMCA Notice" in the subject line.

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BY USING SOUNDTOGGLE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.