TRAKTRAIN TERMS OF SERVICE

Effective date: 07/27/2026

Thanks for choosing TRAKTRAIN ("TRAKTRAIN", "Traktrain", "we", "us", "our", "Platform"). By signing up for, downloading, installing, accessing, or otherwise using the TRAKTRAIN website, mobile applications, desktop applications, APIs, browser extensions, integrations, software, or other products or services that we provide (collectively, the "TRAKTRAIN Service" or the "Service"), or by accessing any content or material made available through the Service (the "Content"), you are entering into a binding contract with TRAKTRAIN.

Set forth below are the terms and conditions governing the Service, which may expand or change from time to time. As used herein, the term "you" or "your" refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.

In order to use the TRAKTRAIN Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian's consent to the Agreements, (2) and have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to TRAKTRAIN is true, accurate, and complete, and you agree to keep it that way at all times.

You must be at least 18 years old and have legal capacity to use seller, marketplace, licensing, payout, payment, Creator Membership, or other monetization features, unless Traktrain expressly permits otherwise in writing and all required parent or guardian consents and processor requirements are satisfied.

Payments; Merchant of Record (Creator Memberships). For Creator Memberships, the Creator's connected Stripe account is the merchant of record. Payments are processed directly to the Creator; Traktrain collects a platform/application fee and does not hold funds in escrow. For the avoidance of doubt, Traktrain is not the seller of Creator Memberships.

Paid Subscriptions means (i) Creator Memberships (auto-renewing paid subscriptions offered by independent Creators, where the Creator is the merchant of record) and (ii) Traktrain-Operated Paid Subscriptions (auto-renewing paid services offered by Traktrain, where Traktrain is the merchant of record).

"House Party" ("HP") means the feature that allows Users to submit content and voluntary monetary tips ("Donations") for live review by a Host (independent content creator). "Submission" means any link, file, text or other material provided through the House Party. "Queue" means the automatically ordered list of Submissions.

"Producer" means a registered user who uploads, lists, sells, licenses, or otherwise makes audio content, beats, files, stems, artwork, metadata, or related materials available through the Service.

"Qualifying Activity" means logging into the account, uploading, editing, listing, selling, purchasing, receiving or requesting a payout, maintaining an active paid plan, responding to an account notice, clicking a reactivation or "keep my account active" link, or taking another affirmative account action recognized by Traktrain.

"Seller Fees" means marketplace, listing, promotional, subscription, transaction, payout, payment-processing, platform, application, commission, or other fees charged to Producers, Creators, Hosts, sellers, or other users for future transactions, listings, renewals, payouts, paid features, or marketplace use.

Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes, we will provide prominent notice as appropriate under the circumstances, such as by email, in-app notice, account notice, or notice through the Service.

For material changes, Traktrain may provide notice by email, in-app notice, account notice, or through the Service. To the extent permitted by law, your continued use of the Service after such notice and after the effective date of the updated Agreements constitutes your acceptance of the updated Agreements, unless Traktrain identifies the new version as requiring affirmative acceptance.

When affirmative acceptance is required, you must accept the identified version by clicking "I Agree" before continuing to use authenticated portions of the Service. If you do not agree, you must stop using those portions of the Service and may log out or terminate your account.

Unless expressly stated and permitted by law, changes apply prospectively only and do not apply retroactively to completed transactions, already-earned payouts, or the then-current prepaid period of any Traktrain-operated paid subscription. The version applicable to an earlier transaction continues to govern that transaction.

The TRAKTRAIN Service and the Content are the property of TRAKTRAIN or TRAKTRAIN's licensors. We grant you a limited, non-exclusive, revocable license to make use of the TRAKTRAIN Service (the "License"). This License shall remain in effect until and unless terminated by you or TRAKTRAIN.

All TRAKTRAIN trademarks, service marks, trade names, logos, domain names, and any other features of the TRAKTRAIN brand ("TRAKTRAIN Brand Features") are the sole property of TRAKTRAIN or its licensors. The Agreements do not grant you any rights to use any TRAKTRAIN Brand Features whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the TRAKTRAIN Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, TRAKTRAIN grants no right, title, or interest to you in the TRAKTRAIN Service or Content.

Third party software (for example, open source software libraries) included in the TRAKTRAIN Service are licensed to you either under the Agreements or under the relevant third party software library's license terms as published in the help or settings section of our desktop and mobile client and/or on our website.

The Service may be made available through websites, mobile applications, desktop applications, browser extensions, APIs, integrations, software downloads, and other platforms operated by Traktrain or third parties.

Certain features may require compatible devices, internet connectivity, software updates, or access to device capabilities such as notifications, storage, media libraries, cameras, microphones, or other operating system permissions. You may revoke such permissions at any time through your device settings, although certain features of the Service may no longer function properly.

From time to time, Traktrain may release updates, patches, bug fixes, security updates, or new versions of the Service. Certain updates may be required to continue using some or all features of the Service.

The availability of the Service or particular features may vary depending on your device, operating system, geographic region, app store, software version, hardware capabilities, or applicable law.

You are responsible for any mobile carrier charges, data usage charges, internet fees, or other third-party charges incurred while using the Service.

Push Notifications: If enabled by you, Traktrain may send push notifications relating to your account, purchases, licenses, marketplace activity, subscriptions, security, messages, promotions, or other Service-related events. You may disable push notifications at any time through your device settings. Traktrain is not responsible for delayed, missed, filtered, or undelivered notifications.

Device Security: You are responsible for maintaining the security of your devices, operating system, login credentials, authentication methods, and any software used to access the Service. Traktrain is not responsible for unauthorized access resulting from compromised devices, malware, loss of devices, insecure passwords, unauthorized use of your device, or your failure to maintain appropriate security measures.

Subject to your strict compliance with these Terms of Service at any and all times during your use of the Platform, TRAKTRAIN grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Platform in order to view Content uploaded and posted to the Website, to listen to audio Content streamed from the Platform or offline and to share and download audio Content using the features of the Platform where the appropriate functionality has been enabled by the user who uploaded the relevant Content (the "Uploader").

In addition, if you register to use the Platform, and subject to your strict compliance with these Terms of Service at any and all times during your use of the Platform, TRAKTRAIN grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to:

• Submit, upload or post Content to and keep such Content available on the Platform strictly as permitted in accordance with these Terms of Service and any other applicable terms posted on the Website from time to time;
• Participate in the community areas and communicate with other members of the TRAKTRAIN community strictly in accordance with these Terms of Service; and
• Use Services provided as part of the Platform strictly as permitted in accordance with these Terms of Service and any other terms applicable to those Apps or Services from time to time.

You promise that, with respect to any User Content you post on TRAKTRAIN, (1) you have the right to post such User Content, and (2) such User Content, or its use by TRAKTRAIN as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by TRAKTRAIN or any artist, band, label, entity or individual without express written consent from such individual or entity.

TRAKTRAIN may, but has no obligation to, monitor, review, or edit User Content. In all cases, TRAKTRAIN reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in TRAKTRAIN's sole discretion, violates the Agreements. TRAKTRAIN may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

Without creating any obligation to do so, Traktrain may use manual review, automated systems, metadata analysis, duplicate detection, file comparison, hashes, technical measures, fraud-detection systems, reports from users or rights holders, or other technical measures to identify, investigate, prevent, or respond to violations of these Terms, intellectual property claims, fraud, abuse, or other unlawful activity. The use or non-use of such tools does not create any duty by Traktrain to monitor, verify, pre-screen, or approve any User Content or Producer Content.

Inactive Accounts and Content Storage. Traktrain is not a permanent storage, backup, or archival service and is not required to store User Content indefinitely. If a Producer account has no Qualifying Activity for thirty-six (36) consecutive months, Traktrain may hide, restrict, suspend, close, or permanently delete the account and any associated beat listings, MP3s, audio files, stems, artwork, metadata, messages, and other User Content.

Traktrain may delete, close, suspend, restrict, or remove access to any account, User Content, listing, file, message, or feature at any time in its sole discretion. Notwithstanding the foregoing, Traktrain may retain transaction, payout, tax, accounting, compliance, fraud-prevention, dispute, chargeback, security, legal, and other records for as long as Traktrain reasonably determines necessary.

Claims and Legal Holds. If Traktrain receives or reasonably anticipates a copyright notice, intellectual property claim, rights-holder complaint, counter-notification, ownership dispute, buyer dispute, chargeback, fraud signal, security incident, subpoena, court order, processor inquiry, law-enforcement request, or other legal or compliance matter relating to User Content, Producer Content, a listing, transaction, license, account, or feature, Traktrain may preserve and retain relevant Content and records for as long as Traktrain reasonably determines necessary. Such records may include original files, previews, stems, artwork, metadata, titles, descriptions, upload timestamps, account identifiers, payment processor identifiers, transaction IDs, order IDs, license agreements, sales counts, download counts, access logs, IP addresses, device/session data, communications, support tickets, moderation decisions, and related records. Traktrain may retain such records even after Content or an account is removed, disabled, closed, or deleted, subject to applicable law, our Privacy Policy, and these Terms.

Before permanent deletion for inactivity, Traktrain may attempt to notify you by email to the address on file and/or by in-app or account notice. You are responsible for keeping your email address current. Failure to receive or respond to a notice does not prevent deletion.

Deleted Content may remain in backups for a limited period and may be retained as needed for legal, tax, accounting, fraud-prevention, security, dispute, chargeback, compliance, or archival purposes. Deletion of a Producer account or Content does not affect licenses, purchases, downloads, contracts, or rights already granted to buyers before deletion.

You are solely responsible for all User Content that you post. TRAKTRAIN is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST TRAKTRAIN RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD TRAKTRAIN HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH A CLAIM.

Service description. The Service allows Producers to upload, list, sell, license, and deliver beats, audio files, MP3s, WAV files, stems, sample packs, loops, artwork, metadata, license terms, and related materials ("Producer Content") to buyers and licensees through marketplace tools made available by Traktrain.

Role of Producers. Producers are independent sellers and licensors of Producer Content. Unless expressly stated otherwise at checkout or in writing by Traktrain, the Producer, and not Traktrain, is the seller, licensor, rights holder, and party responsible for Producer Content, listing descriptions, license terms, pricing, delivery, taxes, refunds, disputes, and legal compliance.

Role of Traktrain. Traktrain provides hosting, marketplace technology, discovery tools, license-generation tools, payment-facilitation tools, account tools, and related platform services. Traktrain does not own, author, co-author, publish, administer, clear, validate, endorse, guarantee, or assume responsibility for Producer Content or for a Producer's claimed rights, ownership, licenses, samples, loops, stems, artwork, metadata, or license terms. Traktrain is not a party to any contract between a Producer and a buyer or licensee unless Traktrain expressly says otherwise in writing.

Payments. Payments for Producer Content are processed through supported payment processors, such as PayPal, Stripe, or other processors, according to the checkout flow, Producer account type, applicable plan, payment method, and disclosed fees. Depending on the transaction type, payment method, Producer account type, or applicable marketplace fees, all or portions of a transaction may be paid directly to the Producer, processed by Traktrain, automatically allocated between the Producer, Traktrain, payment processors, or other authorized recipients, or otherwise processed as stated at checkout.

Traktrain may collect platform fees, marketplace fees, transaction fees, subscription fees, promotional fees, Seller Fees, payment-processing fees, or other disclosed fees in connection with the Service. Traktrain's receipt of fees, automated allocation of transaction amounts, payment facilitation, license-generation tools, or support activity does not make Traktrain the seller, licensor, rights holder, publisher, label, guarantor, or party responsible for Producer Content, unless Traktrain expressly states otherwise in writing.

Direct agreement between users. When a producer or other rights holder ("Producer") makes music content available for license or sale and a buyer ("Buyer") completes the applicable transaction, the resulting license is entered into directly between that Producer and Buyer (the "License Agreement"). The License Agreement controls the rights granted in that transaction.

Rights and authority granted by Producers. For so long as Producer makes the applicable music content available through the Service, Producer grants Q. Vilie, LLC d/b/a Traktrain ("Traktrain") a non-exclusive license and specific authority to host and make that content available; to authorize Buyers to access and receive it; and, subject to the terms and limitations configured by Producer and set forth in the applicable License Agreement, to grant Buyers the applicable exclusive or non-exclusive rights in that content. Producer also authorizes Traktrain's automated systems to generate, issue, deliver, and retain the applicable License Agreement and transaction records reflecting Producer's instructions.

Producer instructions. The tracks, license types, contract terms, prices, availability, and delivery files configured and published through Producer's account are Producer's instructions to Traktrain concerning the scope of each offer and resulting License Agreement. Traktrain is not authorized to grant rights beyond those instructions. Publishing or editing those instructions is not represented as a separate electronic signature on each License Agreement.

Order-specific License Agreements. A purchase or license of Producer Content may generate or be governed by an order-specific license agreement, license template, checkout terms, or other transaction terms presented through the Service. Those transaction-specific terms govern the rights granted by the Producer to the buyer or licensee for the specific Producer Content. The Producer is responsible for ensuring that the license terms offered are accurate and that the Producer has all rights necessary to grant those rights.

Producer representations and warranties. By uploading, listing, selling, or licensing Producer Content, the Producer represents and warrants that the Producer owns or controls, or has obtained, all rights necessary to upload, host, store, transcode, stream, preview, display, promote, sell, license, sublicense, deliver, and otherwise make the Producer Content available through Traktrain, including rights in the master recording, composition, stems, samples, loops, vocals, producer tags, artwork, metadata, names, likenesses, and other third-party materials included in the Producer Content. Producer further represents and warrants that Producer has all rights required to accept these Terms, provide the foregoing rights and authority, and perform each License Agreement, and that the content and exercise of those rights will not violate any third-party right or conflicting agreement.

Buyer execution. Buyer must have an opportunity to review the applicable License Agreement before completing checkout. If Buyer does not otherwise sign that License Agreement, Buyer's acknowledgment that Buyer reviewed it and Buyer's completion of checkout, including payment of the license fee where applicable, serve as Buyer's electronic signature and acceptance.

Electronic records. Each user consents to electronic agreements, records, and communications in connection with the Service. Acceptance of these Terms is recorded against the identified version and applies prospectively as described in the Changes section.

Effect of removal or termination. Removal of content or termination of these Terms does not terminate or limit rights validly granted to a Buyer under a License Agreement entered into before that removal or termination.

Rights claims and platform action. Traktrain may remove, disable, restrict, delist, suspend, or terminate access to any Producer Content, listing, account, seller feature, license-generation feature, download, or marketplace feature at any time, including in response to a copyright notice, rights-holder claim, apparent infringement, fraud signal, chargeback, legal request, court order, processor request, or violation of these Terms. Traktrain has no obligation to pre-screen or verify Producer Content, and any review, removal, ranking, featuring, moderation, payment processing, or support action does not create a duty to monitor or make Traktrain responsible for Producer Content.

Refunds and remedies. Unless required by law, processor rules, or expressly stated by Traktrain, refunds, remedies, license disputes, delivery disputes, and rights disputes concerning Producer Content are between the Producer and the buyer or licensee. Traktrain may, but is not obligated to, facilitate communications, restrict accounts or listings, provide available transaction records, or take other action permitted by these Terms.

Platform role. Traktrain facilitates transactions and provides automated contract, payment, and delivery services, but is not a party to a License Agreement between Producer and Buyer and does not sign that License Agreement for either party. The specific rights and authority granted above do not create a general partnership, joint venture, fiduciary relationship, or agency relationship.

Traktrain may introduce, change, waive, or remove Seller Fees for future transactions, listings, renewals, payouts, paid features, marketplace features, or other use of the Service, including fees or commissions on future sales or licenses of beats, MP3s, audio files, stems, or other Producer Content.

Applicable Seller Fees will be disclosed before the affected transaction, listing, renewal, payout, paid feature use, or marketplace use. Unless expressly accepted by you or required by law, Seller Fee changes will not apply retroactively to completed sales, already-earned payouts, or the then-current prepaid period of any Traktrain-operated paid subscription.

If you do not agree to a new or changed Seller Fee, you may stop using the affected seller, marketplace, payout, or paid features before the effective date. Traktrain may disable or restrict selling, listing, payout, marketplace, or paid features until you accept the applicable Seller Fee terms.

You authorize Traktrain and its payment processors to deduct applicable Seller Fees, payment-processing fees, refunds, chargebacks, reversals, taxes or withholding where required, processor charges, and other amounts owed under these Terms from amounts otherwise payable to you. If no amounts are otherwise payable to you, or if such amounts are insufficient, you remain responsible for amounts owed to Traktrain, payment processors, buyers, licensees, or other authorized parties under these Terms, applicable transaction terms, processor rules, or applicable law. Traktrain may invoice you, require reimbursement, offset against future amounts payable to you, restrict or disable seller, marketplace, payout, license-generation, or account features, cooperate with payment processors, or take other action permitted by law, processor rules, and these Terms.

Service Description: House Party is an interactive queue through which Users may provide Submissions and Donations; the live review occurs on an external streaming platform controlled by the Host (e.g., Twitch or YouTube).

Content Restrictions: Submissions must not contain (a) illegal material; (b) child sexual abuse material; (c) third-party content that infringes copyright; (d) hate speech, defamation, doxing, or personal data of others; (e) malware or deceptive links intended to bypass our whitelist. Traktrain may refuse or remove any Submission and may suspend or terminate the responsible account. By submitting to House Party, you represent and warrant that you have all rights necessary to submit, transmit, and have reviewed the Submission (including all music, artwork, and samples), and that your Submission does not infringe any third-party rights (including copyright and publicity/privacy rights).

Queue & Priority: Submissions are placed in the Queue. Priority Donations reorder the Queue by Donation amount (higher amounts appear first). Queue position is determined deterministically by Donation amount and submission time; no randomization is used. This mechanism is not a lottery, sweepstakes, or game of chance.

Donations & Refunds: Donations are processed by Stripe. Donations are voluntary and non-refundable except if: (i) Traktrain rejects the Submission under "Content Restrictions" before review; (ii) a duplicate charge is confirmed; or (iii) a confirmed unauthorized charge, payment fraud, or account takeover is proven through the processor's dispute process. Any refund will be limited to the recoverable net amount after processor reversals and excludes non-recoverable fees. See "House Party — Fees & Refund Handling" below.

Role of Traktrain: Traktrain provides the technical platform that enables Submissions, queue placement, and payment processing, and collects a platform fee for these services. Traktrain does not control Host performance, timing, commentary, or outcomes and makes no guarantee that a Submission will be reviewed. The Host is solely responsible for their stream content and compliance with applicable law and platform rules.

Reviews occur on third-party platforms (e.g., Twitch, YouTube) that Traktrain does not own or control; Traktrain is not responsible for those platforms' moderation, policies, availability, or enforcement actions.

Host Obligations: Hosts must comply with applicable law, the rules of the streaming platform, and these Terms, and will indemnify Traktrain for any claim arising from their stream.

Service Description: Creator Memberships allows independent users ("Creators") to offer paid, auto-renewing subscription tiers ("Memberships") to their fans ("Subscribers") in exchange for access to member-only creations or other benefits. Payments are processed via Stripe Connect directly to the Creator's connected Stripe account; the Creator is the merchant of record. Traktrain collects a platform/application fee for facilitation. Traktrain is not a party to the contract between a Creator and Subscribers and does not operate an escrow.

Content and Posts: Creators may create member-only posts in various formats, including text, embedded videos, audio tracks hosted on Traktrain, and files uploaded to Traktrain. All content posted as part of a Membership Subscription must comply with these Terms (including the User Content guidelines) and must not include any material that is illegal, infringing, or otherwise prohibited (e.g., hate speech, CSAM, or unlicensed content). Creators are responsible for ensuring they have the rights to all content provided to Subscribers, and Traktrain may remove or restrict any membership content that violates our policies or applicable law. Creators can designate the access level for each post (for example, making a post available only to certain subscription tiers). Traktrain may remove or restrict membership content for legal, policy, or safety reasons at any time.

Subscription Tiers & Billing; Automatic Renewal: Creators may offer multiple tiers with different prices and benefits. By subscribing, you authorize recurring charges at the disclosed price and interval to the payment method you provide, until you cancel. We provide an online cancellation method at least as simple as sign-up. Cancellations stop future charges and take effect at the end of the then-current paid period unless stated otherwise. If a payment fails, access may be suspended until resolved. Unless explicitly stated, no trials or free periods are offered.

Changes to Membership Offerings: Creators may modify tier pricing/benefits for future billing cycles only. Material changes (including price increases) require advance notice to Subscribers and will not apply to a Subscriber's current paid period. Existing Subscribers will either remain on their current plan (grandfathered) or will be asked to actively accept the new price before the next renewal. If consent is not given, the subscription will not renew at the increased price (it will either continue at prior terms if available or will be canceled at the end of the current period). Traktrain will provide the required notices and easy cancellation mechanisms.

Payments & Fees; Taxes: Membership charges are processed directly to the Creator's connected Stripe account; the Creator is the merchant of record. Traktrain collects a platform/application fee per transaction via Stripe Connect and does not hold funds in escrow. Creators are responsible for any taxes, filings, and compliance related to their Memberships unless a tax is separately collected and remitted by the Creator's Stripe account or required by applicable law. Traktrain may require Creators to provide tax and payout information to enable processing through Stripe.

No Edits to Active Tiers: If a tier has one or more active Subscribers, the Creator may not edit that tier's price, benefits, eligibility, or access terms. To change an offering, the Creator must publish a new tier version and may hide the prior version from new Subscribers. Existing Subscribers remain on their current tier until they cancel or actively switch.

Access May Change: Creations or benefits you gain access to generally continue for your current paid period, but may become unavailable at any time (e.g., removals for legal, policy, or safety reasons, Creator account changes, or platform actions). Traktrain is not required to maintain access to any particular post, offering, or Creator.

Refunds & Chargebacks: As a general policy, payments are non-refundable by Traktrain. Any refunds (including pro-rata refunds for undelivered portions of a paid period), adjustments, chargebacks, processor fees, penalties, or assessments related to a Creator's Memberships are the Creator's sole responsibility as merchant of record. Subscribers must contact the Creator to request a refund or remedy. Traktrain may, but is not obligated to, facilitate communications and has no obligation to issue refunds. If a payment is reversed (e.g., chargeback or confirmed fraud), the Creator's share may be forfeited and additional processor fees may apply. Elevated dispute rates may result in investigation or suspension.

Role of Traktrain: Traktrain provides marketplace and payment facilitation only and is not a party to commitments a Creator makes to Subscribers. We do not guarantee any Creator, post, or benefit, and may remove content or Creators at any time for legal, policy, or safety reasons. Disputes about delivery or quality of Creator offerings are between the Creator and Subscriber.

Creator Obligations: By offering Memberships, Creators are solely responsible (as merchant of record) for their descriptions, schedules, content, and fulfillment of any stated benefits (including any off-platform services). If a Creator specifies a minimum scope or cadence of benefits for a paid period but ceases mid-period without a functionally equivalent replacement, the Creator must provide an appropriate remedy (including, where applicable, a pro-rata refund) directly to affected Subscribers. Off-Platform Benefits: If a Creator offers any benefit that is to be fulfilled outside of the Traktrain platform (for example, a one-on-one coaching session or other personal service), the Creator is solely responsible for arranging and delivering that benefit. Traktrain does not monitor, facilitate, or assume liability for activities that occur outside our platform, even if they are offered as part of a Membership tier. Creators should clearly communicate with Subscribers to schedule or fulfill off-platform services, and failure to deliver such services may result in Subscriber dissatisfaction, refund requests, or account action. No Guarantee of Income or Subscribers: Traktrain does not guarantee that Creators will obtain any particular number of Subscribers or any particular income level through the Membership feature. Creators are responsible for marketing their own Membership offerings.

Compliance and Indemnity: Creators must ensure their Membership tiers and content do not violate any third-party rights (e.g., intellectual property or privacy rights) and do not engage in misleading or fraudulent representations of the benefits. Creators will indemnify and hold Traktrain harmless from any claims, losses or damages arising out of their membership offerings or content, including claims of failure to deliver promised benefits or breach of any laws (see "Indemnification" below). Creators are also expected to keep subscriber data secure and use it only for the purpose of fulfilling their membership services, in accordance with our Privacy Policy and applicable data protection laws.

Subscriber Obligations: By purchasing a Membership Subscription, Subscribers agree to pay the recurring fees and understand that content is for personal, non-commercial use only. Any creations, files, or material a Subscriber accesses through a membership are owned by the Creator (or their licensors) and are licensed to the Subscriber for personal viewing/listening only. Subscribers must not copy, reproduce, distribute, or publicly share membership content outside the bounds of the Creator's page without explicit permission from the Creator. Subscribers should also refrain from harassing or abusing Creators; all interactions on the platform remain subject to the community guidelines and these Terms. If a Subscriber violates these Terms (for example, by illegally redistributing content or engaging in fraudulent payment disputes), Traktrain may terminate the Subscriber's access to the Membership feature (and possibly other services) without entitlement to any refund. Subscribers are responsible for managing their subscription (including cancelling if they no longer wish to be billed). It is the Subscriber's responsibility to cancel before the next billing date if they want to avoid further charges.

Termination of Creator Memberships: A Creator may stop offering Memberships or delete their account at any time; Traktrain will cancel future renewals upon notice. Current paid periods are not automatically refunded by Traktrain. Any refund or remedy for undelivered benefits is the Creator's responsibility as merchant of record. Traktrain may suspend or remove Creators or content for violations; in such cases, future renewals stop, and any refunds remain between the Creator and Subscribers unless Traktrain decides otherwise at its sole discretion.

By uploading or posting Your Content to the Platform, you initiate an automated process to transcode any audio Content and direct TRAKTRAIN to store Your Content on our servers, from where you may control and authorize the use, ways of reproduction, transmission, distribution, public display, public performance, making available (including whether users will be permitted to listen to your Content offline) and other communication to the public of Your Content on the Platform and elsewhere using the Services. To the extent it is necessary in order for TRAKTRAIN to provide you with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms of Service, including the distribution of advertising or other promotional material on our Platform and/or to enable your use of the Platform, you hereby grant such licenses to TRAKTRAIN on a limited, worldwide, non-exclusive, royalty-free and fully paid basis.

By uploading Your Content to the Platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other users of the Platform, and to operators and users of any other websites, apps and/or platforms to which Your Content has been shared or embedded using the Services ("Linked Services"), to use, copy, listen to offline, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content utilizing the features of the Platform from time to time, and within the parameters set by you using the Services. You can always limit and restrict the availability of certain of Your Content to other users of the Platform, and to users of Linked Services. Notwithstanding the foregoing, nothing in these Terms of Service grants any rights to any other user of the Platform with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of Your Content (for example, your profile picture), other than the right to reproduce, publicly display, make available and otherwise communicate to the public, automatically and without alteration, as part of the act of reposting sounds with which you have associated.

The licenses granted in this section are granted separately with respect to each item of Your Content that you upload to the Platform. Licenses with respect to audio Content, and any images, files, or metadata within your account, will, subject to the following paragraph of these Terms of Service, terminate automatically when you remove such Content from your account or when Traktrain permanently deletes such Content under these Terms. Licenses with respect to comments or other contributions that you make on the Platform will be perpetual and irrevocable, and will continue notwithstanding any termination of your account.

For clarity, the foregoing termination of licenses for uploaded audio, images, files, and metadata does not affect (i) cached or backup copies maintained for a limited time for security, disaster recovery, legal compliance, or retention permitted by these Terms; or (ii) distribution to Linked Services not controlled by Traktrain. Traktrain is not obligated to compel deletion by third-party services.

Removal of audio Content from your account, or permanent deletion by Traktrain under these Terms, will result in deletion of the relevant files from Traktrain's active systems and servers, subject to backup, archival, legal, tax, accounting, fraud-prevention, security, dispute, chargeback, and compliance retention. However, once Your Content is distributed to a Linked Service, TRAKTRAIN is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content. Furthermore, if you authorize any of Your Content to be available for offline listening, after deletion of an item of Your Content or removal from the ability for other users to listen to the applicable Content offline, the applicable Content may still be temporarily available to other users of the Platform who saved the applicable Content for offline listening on their devices, but no longer than 30 days from the time of deletion.

Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where you repost another user's Content, or include another user's Content in a playlist or station or where you listen to another user's Content offline, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.

Platform Neutrality; No Rights Clearance. Traktrain provides neutral hosting, marketplace, discovery, license-generation, payment-facilitation, and account tools. Traktrain does not pre-screen, clear, validate, guarantee, endorse, or assume responsibility for the ownership, authorship, legality, licensability, or non-infringement of User Content, Producer Content, listings, samples, loops, stems, artwork, metadata, or license terms. Any search result, recommendation, ranking, playlist, feature placement, promotion tool, statistics tool, moderation action, support action, payment-processing action, or removal action does not make Traktrain the owner, seller, licensor, publisher, label, agent, or guarantor of any User Content or Producer Content, and does not create any obligation to monitor the Service.

TRAKTRAIN uses YouTube's API Services to enable users to perform certain actions related to YouTube directly through the TRAKTRAIN platform. By agreeing to these Terms of Service, you are also agreeing to the YouTube Terms of Service. You can review the YouTube Terms of Service here (https://www.youtube.com/t/terms).

The Platform is a hosting service. Registered users of the Platform may submit, upload and post audio, text, photos, pictures, graphics, comments, and other content, data or information ("Content"), which will be stored by TRAKTRAIN at the direction of such registered users, and may be shared and distributed by such registered users, and other users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website, Apps and elsewhere. The Platform also enables registered users to interact with one another and to contribute to discussions, and enables any user of the Website, Apps or certain Services (who may or may not be registered users of the Platform) to view, listen to and share Content uploaded and made available by registered users.

The Platform also includes social and interactive features that enable users to engage with and learn from the TRAKTRAIN community in order to build a following and ensure you get the content that interests you most. For example, users who upload content to TRAKTRAIN will gain access to our creator stats feature, which provides creators with insights into how the content they upload fares among users.

Some features of our Platform are only available to registered users who either (i) purchase a Creator Membership (an auto-renewing paid subscription offered by an independent Creator, where the Creator is the merchant of record) or (ii) subscribe to Traktrain-operated paid services (where Traktrain is the merchant of record) (together, "Paid Subscriptions"). Creator Memberships are governed by "CREATOR MEMBERSHIPS FEATURE," while Traktrain-operated subscriptions are governed by "TRAKTRAIN-OPERATED PAID SUBSCRIPTIONS - AUTO-RENEW & CANCELLATION" and any specific offer terms presented at purchase. TRAKTRAIN however remains free for users that choose not to subscribe to such Services. In order to make the Platform available for free and provide you with personally relevant features, we serve tailored ads on the Platform.

Certain basic features of the Platform may be available without a subscription or Traktrain platform commission unless otherwise disclosed. Any statement that a feature is "free," "0%," or available without a platform commission applies only to the then-current version of the applicable feature and does not limit Traktrain's right to introduce or change fees for future transactions, listings, renewals, paid features, or marketplace use as described in these Terms. In order to support the Platform and provide relevant features, we may serve tailored ads, offer paid features, and charge disclosed fees.

We may, from time to time, release new tools and resources on the Website, release new versions of our Apps, or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Service as well as any additional terms and conditions that we may release for those specific services or features.

TRAKTRAIN respects intellectual property rights and expects you to do the same. Please follow these rules and encourage other users to do the same.

The above licenses are conditional upon your strict compliance with these Terms of Service at any and all times during your use of the Platform, including, without limitation, the following:

• You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform, other than by means of download or store for offline listening in circumstances where the relevant Uploader has elected to permit downloads or offline listening of the relevant item of Content.
• You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform at any and all times, except (i) where such Content is Your Content at any and all times during your use of the applicable Content, or (ii) as permitted under these Terms of Service, and within the parameters set by the Uploader (for example, under the terms of Creative Commons licenses selected by the Uploader).
• You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
• You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
• You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.
• You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
• You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to Content other than Your Content.
• You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available, continue to make available or otherwise communicate to the public. Please respect TRAKTRAIN, the owners of the Content, and other users of the TRAKTRAIN Service. Don't engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
  • any Content that is abusive, libellous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in TRAKTRAIN's reasonable discretion;
  • any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
  • any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise illegal or unlawful in TRAKTRAIN's reasonable opinion;
  • any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
  • any House Party Submission containing deceptive or cloaked URLs designed to evade our whitelist;
  • any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
• You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
• You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
• You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
• You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any TRAKTRAIN Team members.
• You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
• You must not sell or transfer, or offer to sell or transfer, any TRAKTRAIN account to any third party without the prior written approval of TRAKTRAIN.
• You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
• You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by TRAKTRAIN or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of TRAKTRAIN's servers, system or network or attempt to breach TRAKTRAIN's data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking TRAKTRAIN's servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of TRAKTRAIN under these Terms of Service, TRAKTRAIN reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
• You agree to comply with the above conditions at any and all times during your use of the Platform, and acknowledge and agree that TRAKTRAIN has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.
• You must not use any Content from the Platform to train, test, or enhance any AI or machine-learning systems. This prohibition does not restrict Traktrain's internal use of Content to operate, secure, personalize, or improve the Service (e.g., search, recommendations, moderation), which does not grant Traktrain any ownership in Your Content. This prohibition includes (but is not limited to) scraping, crawling, spidering, automated data mining, or other methods of collecting or extracting Content for AI or machine learning; employing bots, scripts, or any other automated tools or services to access, copy, download, or repurpose Content; forming datasets from the Platform's Content for development or testing of AI systems; reproducing or distributing such Content to any third parties for AI-related use; or providing, selling, or transferring Content or derived datasets for AI or machine learning purposes. Violations of this provision may result in immediate suspension or termination of your account. TRAKTRAIN reserves the right to seek any and all legal and equitable remedies available, including but not limited to cooperating with law enforcement and pursuing damages or other relief in court.

Zero Tolerance for Child Sexual Abuse Material (CSAM): Traktrain maintains a zero-tolerance policy toward CSAM. We will immediately remove and block any content suspected to be CSAM, preserve relevant records, and report it to the National Center for Missing & Exploited Children (NCMEC) and/or law enforcement as required by applicable law. Accounts involved may be suspended or terminated without notice, Donations forfeited, and access to the Service permanently blocked.

You are not obliged to register to use the Platform. However, access to certain Services is only available to registered users.

In order for you to engage with other TRAKTRAIN listeners and creators, we enable you to create and personalize a public profile on TRAKTRAIN. To enable you to do that, you must provide us with the information you want to display on such profile.

In order to help you to navigate and discover content on the Platform that interests you, as a registered user you will also receive auto-generated personalized recommendations of other content that might appeal to you, based on your listening habits.

When you register to use the Platform, you will provide us with your email address, and will choose a username and password for your account. You must ensure that the email address that you provide is, and remains, valid. Your email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy.

You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.

If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify TRAKTRAIN in writing, and should change your password at the earliest possible opportunity.

We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Service or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

You may terminate your account at any time as described in the Termination section below.

Certain seller, marketplace, licensing, payout, or payment features may require you to connect and maintain a valid account with one or more payment processors supported by Traktrain, such as PayPal or Stripe.

You authorize Traktrain and its payment processors to exchange account, transaction, dispute, fraud-prevention, payout, tax, compliance, and identity verification information as reasonably necessary to operate the Service, process payments, comply with applicable law, enforce these Terms, investigate fraud or intellectual property claims, and resolve payment disputes, in each case as permitted by applicable law, processor terms, our Privacy Policy, and these Terms.

TRAKTRAIN respects the rights of intellectual property owners. Copyright notices under the Digital Millennium Copyright Act may be submitted to Traktrain's designated copyright agent using the contact information below. Claims involving trademarks, publicity rights, privacy rights, or other non-copyright rights may be submitted through Traktrain's Support Center and may be handled under these Terms, applicable law, and Traktrain's policies.

Designated Copyright Agent:
TRAKTRAIN USA Inc.
Copyright Agent
c/o Hallett & Perrin
1445 Ross Avenue
Dallas, Texas 75202
Email: [email protected]
Online copyright form / Support Center: https://traktrain.com/contact

A copyright notice should include substantially the following information:

1. A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material claimed to be infringing and information reasonably sufficient for Traktrain to locate the material, such as the URL or track/listing identifier;
4. Contact information for the complaining party, including name, address, telephone number, and email address;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is the copyright owner or is authorized to act on behalf of the copyright owner.

Traktrain may remove or disable access to Content in response to a copyright notice, facts or circumstances indicating apparent infringement, a court order, a rights-holder claim, or a violation of these Terms. Traktrain may notify the user who uploaded or listed the affected Content, but may act without prior notice.

Counter-Notification. If your Content was removed or disabled because of a copyright notice and you believe the removal was the result of mistake or misidentification, you may submit a counter-notification to Traktrain's designated copyright agent or through Traktrain's Support Center. A counter-notification must include substantially the information required by applicable law, including your physical or electronic signature, identification of the removed material and its prior location, a statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification, your name, address, telephone number, email address, consent to the jurisdiction of the applicable U.S. federal court, and acceptance of service of process from the complaining party or its agent. Traktrain may forward the counter-notification to the complaining party and may restore the material where required or permitted by law, unless the complaining party notifies Traktrain that it has filed an action seeking a court order. Traktrain may separately keep Content disabled, suspend features, or terminate accounts for violations of these Terms.

Repeat Infringers. Traktrain has adopted and reasonably implements a policy for terminating, in appropriate circumstances, users who are repeat infringers. Traktrain may count formal copyright notices, court orders, credible rights-holder claims, removals based on apparent infringement, attempted evasions, and related accounts when applying this policy. One egregious infringement or repeated infringement may result in suspension or termination of the account and removal or disabling of associated Content.

Record Preservation and Disclosure. Traktrain may preserve records related to copyright notices, counter-notifications, rights claims, transactions, downloads, license agreements, account activity, and moderation actions. Traktrain may disclose information as required or permitted by law, valid legal process, processor rules, our Privacy Policy, or these Terms, including to users, rights holders, payment processors, courts, law enforcement, or regulators where appropriate.

TRAKTRAIN will make reasonable efforts to keep the TRAKTRAIN Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, TRAKTRAIN reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the TRAKTRAIN Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the TRAKTRAIN Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that TRAKTRAIN permanently discontinues prior to the end of the prepaid period then in effect, TRAKTRAIN will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that TRAKTRAIN has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. TRAKTRAIN and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law. Any refund described in this Section applies only to paid services operated by Traktrain itself (if discontinued) and does not apply to Creator Memberships where the Creator is the merchant of record.

Certain Traktrain-operated paid services are offered as auto-renewing subscriptions where Traktrain is the merchant of record ("Traktrain-Operated Paid Subscriptions").

Auto-renewal & billing. Unless otherwise stated at purchase, Traktrain-Operated Paid Subscriptions renew automatically at the disclosed price and interval until canceled. You authorize Traktrain (or our processor) to charge your payment method on a recurring basis. For operational reasons, billing may occur up to 24–48 hours before the displayed renewal date to ensure continuous service.

Cancellation. We provide an online cancellation method at least as simple as sign-up. Cancellation stops future charges and takes effect at the end of the then-current paid period unless stated otherwise in the offer terms. We recommend canceling at least three (3) business days before the renewal date to avoid pre-renewal billing.

Refunds. Payments for Traktrain-Operated Paid Subscriptions are generally final and non-refundable, except where required by applicable law or if Traktrain permanently discontinues the paid service before the end of your current prepaid period (see "SERVICE LIMITATIONS AND MODIFICATIONS"). Refunds are not provided for partial months, unused time, voluntary cancellations, or downgrades unless required by law.

Price changes. Traktrain may change prices with at least thirty (30) days' advance notice by email or in-app notice. New prices take effect at the next renewal. If you do not agree, you must cancel before the effective date. Continued use after the effective date constitutes acceptance of the new price.

Territorial consumer rights. Where mandatory consumer laws grant you withdrawal or refund rights for digital services, we will honor those rights to the extent required by law and as described in the offer terms.

TRAKTRAIN's products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.

You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from TRAKTRAIN under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.

Donations are processed by Stripe. Donations are voluntary tips to Hosts, not purchases from Traktrain. (a) Donations are FINAL AND NON-REFUNDABLE except if: (i) your card was charged more than once for the same Donation; (ii) Traktrain (not the Host) rejects the Submission for violating Content Restrictions before it is reviewed; or (iii) a confirmed unauthorized charge, payment fraud, or account takeover is proven via the processor's dispute process. (b) Traktrain retains a platform fee agreed with each Host; (c) Donations are final except as provided in "HOUSE PARTY FEATURE: Donations & Refunds" Section; (d) filing a chargeback that contradicts this Refund Policy after the service has been delivered (e.g., after a Host reviewed your Submission) constitutes a material breach of these Terms. Traktrain may contest such chargebacks, recover amounts due, and suspend or terminate the account involved.

Traktrain does not undertake any obligation to monitor Submissions or live streams and assumes no duty to screen content in advance; actions we take are discretionary and do not create any ongoing monitoring obligation.

Traktrain's platform fee and processor fees for House Party Donations are non-refundable unless required by law. If Traktrain grants a refund for House Party under this policy, any refund will be limited to the net amount recoverable from the processor.

House Party refund requests should be directed to Traktrain Support with your Transaction ID, date, and reason. (This paragraph applies to House Party Donations only and not to Creator Memberships.)

If a Submission is determined by Traktrain in good faith to be illegal (including CSAM) or to materially violate these Terms, Traktrain may void queue placement, withhold, reverse, or forfeit related Donations, and cooperate with payment processors and law enforcement. No refunds are due to the submitting user in such cases.

The Agreements will continue to apply to you until terminated by either you or TRAKTRAIN. Upon termination, licenses to Your uploaded audio, images, and metadata that enable hosting, streaming, and distribution by Traktrain terminate when you remove the applicable Content or close your account, subject to reasonable archival copies and records retained for backup, legal, tax, accounting, fraud-prevention, security, dispute, chargeback, compliance, or other purposes permitted by these Terms. Licenses you grant to comments, forum posts, ratings, or feedback are perpetual and irrevocable and will survive termination. TRAKTRAIN may terminate the Agreements or suspend your access to the TRAKTRAIN Service at any time, including in the event of your actual or suspected unauthorized use of the TRAKTRAIN Service and/or Content, non-compliance with the Agreements, or inactivity as described in these Terms. Traktrain may close, suspend, restrict, remove access to, or delete any account, User Content, listing, file, feature, or portion of the Service at any time as permitted by these Terms and applicable law. If you or TRAKTRAIN terminate the Agreements, or if TRAKTRAIN suspends your access to the TRAKTRAIN Service, you agree that TRAKTRAIN shall have no liability or responsibility to you, and TRAKTRAIN will not refund any amounts that you have already paid, to the fullest extent permitted by applicable law. To learn how to terminate your TRAKTRAIN account, please contact Customer Service. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.

WE ENDEAVOR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE TRAKTRAIN SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE TRAKTRAIN SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRAKTRAIN AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER TRAKTRAIN NOR ANY OWNER OF CONTENT WARRANTS THAT THE TRAKTRAIN SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, TRAKTRAIN MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE TRAKTRAIN SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT TRAKTRAIN IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE TRAKTRAIN SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM TRAKTRAIN SHALL CREATE ANY WARRANTY ON BEHALF OF TRAKTRAIN IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE TRAKTRAIN SERVICE IS TO UNINSTALL ANY TRAKTRAIN SOFTWARE AND TO STOP USING THE TRAKTRAIN SERVICE. WHILE TRAKTRAIN ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO TRAKTRAIN, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TRAKTRAIN, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE TRAKTRAIN SERVICE REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER TRAKTRAIN HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE TRAKTRAIN SERVICE MORE THAN THE AMOUNTS PAID BY YOU TO TRAKTRAIN DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

Nothing in the Agreements removes or limits TRAKTRAIN's liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST TRAKTRAIN MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

Other than as stated in this section or as explicitly agreed upon in writing between you and TRAKTRAIN, the Agreements constitute all the terms and conditions agreed upon between you and TRAKTRAIN and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Please note, however, that other aspects of your use of the TRAKTRAIN Service may be governed by additional agreements. That could include, for example, access to the TRAKTRAIN Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on TRAKTRAIN's website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

Purchases and licenses of Producer Content may be governed by an order-specific license agreement, license template, checkout terms, or other transaction terms generated or presented through the Service. Those transaction-specific terms govern the rights granted by the Producer to the buyer or licensee for the specific Producer Content purchased or licensed. These Terms continue to govern use of the Service, accounts, platform features, fees, disputes with Traktrain, and Traktrain's rights and remedies.

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by TRAKTRAIN or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive TRAKTRAIN's or the applicable third party beneficiary's right to do so.

TRAKTRAIN may assign the Agreements or any part of them, and TRAKTRAIN may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

To the fullest extent permitted by applicable law, you agree to indemnify and hold TRAKTRAIN harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the TRAKTRAIN Service; and (4) your violation of any law or the rights of a third party.

This obligation includes any claim arising from your use of the House Party feature or the Creator Membership feature, including claims related to your Submissions or membership content, or your conduct as a Host, Creator, or Subscriber.

This obligation also includes any claim arising from Producer Content, beat or sample pack listings, sales, licenses, license terms, samples, loops, stems, vocals, producer tags, artwork, metadata, payment disputes, refunds, chargebacks, Seller Fees, or disputes between Producers and buyers or licensees.

These Terms, the Service, your account, User Content, Producer Content, purchases, licenses, subscriptions, payments, fees, features, and any dispute, claim, controversy, or non-contractual obligation arising out of or relating to them are governed by the laws of the State of Texas, without regard to conflict-of-law rules. You and Traktrain agree to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas, except where applicable law requires otherwise. These Terms are not subject to arbitration.