Trakmode Terms of Service

Last Updated: July 6, 2026

Welcome to Trakmode.

These Terms of Service, together with any policies or additional terms referenced here, govern your access to and use of Trakmode's website, web application, creator profiles, storefronts, checkout experiences, embedded players, Trak links, messaging tools, creator dashboard, buyer accounts, digital delivery tools, partner features, brand tools, and related products and services operated by Trakmode LLC ("Trakmode," "we," "us," or "our").

By accessing, browsing, creating an account, applying for creator access, publishing a creator profile, buying from a creator, downloading content, booking a service, messaging another user, embedding Trakmode content, or otherwise using Trakmode, you agree to these Terms of Service and our Privacy Policy.

If you do not agree, do not use Trakmode.

These Terms of Service apply to all users, including visitors, fans, buyers, creators, brands, collaborators, and partners.

1. What Trakmode Is

Trakmode provides technology infrastructure for audio creators.

Trakmode helps creators publish profiles, present their work, offer digital products, sell services, communicate with buyers, manage content, route payments through supported providers, deliver files, connect with fans and partners, and access optional creator opportunities.

Trakmode is not a record label, publisher, distributor, rights administrator, collecting society, management company, talent agency, financial advisor, tax advisor, legal advisor, or guarantor of any creator's work.

Unless Trakmode clearly states otherwise before checkout, Trakmode is not the Merchant of Record, seller, licensor, service provider, or contracting party for Creator Offers.

Trakmode is the technology layer. The Creator is responsible for the business activity behind their Creator Offers.

2. Key Definitions

"Creator" means a person, company, artist, producer, engineer, songwriter, DJ, sound designer, studio professional, or other approved user who publishes a creator profile or offers products or services through Trakmode.

"Buyer" means anyone who purchases, licenses, downloads, books, requests, or otherwise engages with a Creator Offer.

"Creator Offer" means any product, service, digital file, beat, track, instrumental, demo, sample pack, preset, session, consultation, custom work, post, link, embedded item, message, or other offer made available by a Creator.

"Creator Content" means content uploaded, published, linked, delivered, previewed, embedded, or otherwise made available by a Creator, including audio files, previews, artwork, metadata, product descriptions, license terms, posts, links, images, videos, profile information, and service descriptions.

"Merchant of Record" means the party legally responsible for selling or providing the product or service to the Buyer, including responsibility for buyer-facing seller obligations, transaction records, receipts or invoices, taxes where applicable, refunds, chargebacks, consumer-law obligations, and transaction support.

"Service" means Trakmode's websites, apps, profiles, storefronts, dashboards, checkout flows, embedded players, messaging tools, digital delivery tools, and related features.

3. Creator-as-Merchant-of-Record Default

For Creator Offers, the default rule is:

The Creator is the Merchant of Record. Trakmode is the technology provider.

When a Buyer purchases, licenses, downloads, books, or requests a Creator Offer, the Buyer enters into a direct transaction with the Creator, not with Trakmode, unless Trakmode clearly identifies itself as the Merchant of Record before checkout.

The Creator is solely responsible for:

- the legality of the Creator Offer; - ownership, clearance, permissions, and licensing rights; - accurate product and service descriptions; - pricing, currency, taxes, refund terms, and cancellation terms; - digital delivery, service fulfillment, revisions, and buyer support; - seller information, receipts, invoices, and business records; - buyer disputes, refunds, chargebacks, non-delivery, and consumer-law obligations; - compliance with all laws that apply to the Creator, the Buyer, and the transaction.

Trakmode may provide tools that help Creators manage these obligations, but Trakmode does not take over those obligations unless Trakmode expressly says it is the Merchant of Record for a specific offer.

4. Checkout Merchant-of-Record Disclosure

Trakmode will display the Merchant of Record in the checkout process.

Before a Buyer completes a purchase or booking, the checkout flow may show a clear seller disclosure such as:

Seller / Merchant of Record: [Creator Name or Creator Business Name] Powered by Trakmode

Where Trakmode is the Merchant of Record, the checkout flow may show:

Seller / Merchant of Record: Trakmode LLC

The checkout flow may also include a short information icon or explainer stating what this means. For example:

Merchant of Record means the party responsible for the sale, including seller support, receipts or invoices, taxes where applicable, refunds, chargebacks, and buyer-facing transaction obligations.

If the Merchant of Record is the Creator, the Buyer agrees that the purchase or booking is made directly from that Creator. Trakmode provides the technology, checkout infrastructure, hosting, delivery tools, and platform support.

If the Merchant of Record is Trakmode, Trakmode will be responsible for the buyer-facing seller obligations for that specific transaction.

5. When Trakmode Is Merchant of Record

In limited cases, Trakmode may sell products, services, subscriptions, promotional items, curated releases, platform services, brand programs, or other offers directly.

If Trakmode is the Merchant of Record, Trakmode will clearly identify this before checkout or in the transaction flow.

For Trakmode-as-Merchant-of-Record transactions:

- Trakmode will be the seller of record; - Trakmode will provide the applicable buyer support mechanism; - Trakmode will handle applicable seller-side tax obligations for that transaction; - Trakmode will manage refund and dispute handling according to the applicable Trakmode terms; - questions may be sent to support@trakmode.com.

If Trakmode is not clearly identified as Merchant of Record before checkout, the Creator remains the Merchant of Record.

6. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction if higher, to use Trakmode.

By using Trakmode, you represent and warrant that:

- you can enter into a binding legal agreement; - all account information you provide is accurate, current, and complete; - you will comply with these Terms and applicable law; - if you use Trakmode for a company, entity, or organization, you have authority to bind that entity.

Creators who publish paid offers represent that they are legally able to sell, license, invoice, and fulfill those offers in the relevant territories.

7. Accounts and Creator Access

Users may create accounts for purchases, downloads, messaging, following creators, managing profiles, or applying for creator access.

Accounts may be created using an email address and password, or through supported third-party authentication methods such as Google Account or Apple ID sign-up and login.

If you create an account using an email address and password, you are responsible for using a valid email address, choosing a strong password, keeping your password confidential, and protecting your login credentials. You must not share your login credentials with others or allow unauthorized access to your account.

Trakmode provides a password reset mechanism where technically available. You are responsible for maintaining access to the email address connected to your account so you can receive account notices, password reset messages, purchase confirmations, download access, service updates, and other important communications.

If you use Google Account, Apple ID, or another supported third-party login method, that authentication method is provided by the relevant third party and may be subject to that third party's own terms, availability, security settings, and account requirements. Trakmode is not responsible if login, account creation, authentication, verification, or access through Google, Apple, or another third-party authentication provider is unavailable, interrupted, disabled, restricted, revoked, or no longer supported.

You are responsible for all activity under your account, whether or not you authorized that activity, unless prohibited by applicable law.

You must notify Trakmode if you believe your account has been compromised, accessed without permission, or used without authorization.

Creator access may be application-based, invite-only, verification-based, code-based, or approval-based.

Trakmode may approve, reject, verify, suspend, restrict, or terminate accounts where necessary for legal compliance, platform safety, rights protection, fraud prevention, payment-provider requirements, tax reporting, creator standards, or risk management.

8. Creator Verification and Seller Information

Creators may be required to provide identity, business, tax, payout, invoice, rights, location, and support information before publishing paid offers.

Trakmode may require a complete seller profile before a Creator can activate paid checkout.

This may include:

- legal name or business name; - public creator or trading name; - country or region; - business address or contact address where required; - support email or business contact email; - tax, VAT, GST, or registration information where applicable; - payout account information; - product or service category; - product or service name; - selected license type; - price, currency, and taxes where applicable; - refund, cancellation, and delivery terms; - confirmation that the Creator has the required rights to offer the product or service.

Trakmode may use automated and manual checks to review seller information, payment risk, content risk, rights issues, suspicious activity, AI disclosures, and compliance signals.

These checks do not make Trakmode the seller, licensor, publisher, producer, rights holder, or guarantor of any Creator Offer.

Trakmode may display Creator seller information to Buyers where required by law, payment-provider rules, consumer-protection rules, marketplace rules, or platform policy.

9. Buyer Responsibilities

Before purchasing, licensing, downloading, booking, or requesting a Creator Offer, Buyers must review:

- the Creator's identity and profile; - the Merchant-of-Record disclosure; - the product or service description; - the price and currency; - the selected license type; - delivery format and limitations; - service scope, timeline, and revision terms; - refund and cancellation terms; - any creator-specific terms shown before checkout.

By completing a purchase or booking, the Buyer agrees that the transaction is with the displayed Merchant of Record.

If the displayed Merchant of Record is the Creator, Buyer support, refund requests, licensing questions, delivery issues, and transaction disputes should first be addressed to the Creator. Trakmode may provide tools or assistance, but the Creator remains responsible unless Trakmode is the displayed Merchant of Record.

Buyers are responsible for using licensed content only within the scope of the purchased license.

10. Payments and Payment Providers

Payments may be processed through Stripe, PayPal, or other supported payment providers.

Payment providers operate under their own terms, privacy policies, risk controls, and compliance requirements.

Depending on the payment setup, payment descriptors, receipts, connected-account information, or payment-provider interfaces may show Trakmode, the Creator, the payment provider, or a combination of these.

This does not change the Merchant-of-Record rule. Unless Trakmode clearly identifies itself as Merchant of Record, the Creator is the seller.

Trakmode may charge Creators platform fees, technology fees, transaction fees, subscription fees, payout fees, partner fees, brand campaign fees, or other disclosed fees.

Trakmode may deduct applicable fees from amounts processed through Trakmode-supported payment flows where permitted by the Creator Agreement, payment-provider rules, and applicable law.

Trakmode may hold, delay, reserve, offset, reverse, or restrict funds where reasonably necessary for fraud prevention, chargebacks, refunds, risk review, legal compliance, payment-provider requirements, sanctions screening, tax reporting, account verification, or platform safety.

11. Taxes, Receipts, Invoices, and Reporting

Unless Trakmode is the Merchant of Record, Creators are responsible for determining, collecting, reporting, and remitting taxes that apply to their Creator Offers.

This may include income tax, VAT, GST, sales tax, use tax, withholding tax, and similar taxes.

Trakmode may provide tools, fields, integrations, or payment-provider workflows that help Creators collect, display, or manage tax and invoice information.

Trakmode may be required by law, payment providers, tax authorities, or platform reporting rules to collect, verify, store, disclose, or report certain Creator and transaction information.

Where Trakmode is not Merchant of Record, Trakmode's collection, display, storage, or reporting of transaction information does not make Trakmode the seller of the Creator Offer.

Creators must not publish paid offers if they cannot legally invoice, sell, license, or fulfill those offers.

12. EU/UK and Other Consumer Rights

Some Buyers may have mandatory consumer rights under local law. Nothing in these Terms limits consumer rights that cannot legally be waived.

For Buyers in the EU, UK, or other regions with digital-content or distance-selling rules, the checkout flow may include additional notices, consent language, cancellation information, or information icons.

For digital products delivered immediately, Trakmode may display a compact checkout notice such as:

I want instant access to this digital content and understand that, where permitted by law, I may lose my cancellation or withdrawal right once delivery starts.

For services that begin before the end of a statutory cancellation period, the checkout flow may display a compact notice such as:

I request that the service may begin before the cancellation period ends and understand that, where permitted by law, cancellation rights may be reduced or lost once the service is fully performed.

These notices are intended to support lawful instant delivery without adding unnecessary friction to the user experience.

Where the Creator is the Merchant of Record, the Creator is responsible for honoring applicable consumer-law duties, including pre-contract information, cancellation rights, refund rights, digital-content remedies, service remedies, and mandatory buyer protections.

Trakmode may provide tools, prompts, notices, templates, or checkout UX to help Creators comply, but those tools do not transfer the Creator's legal obligations to Trakmode.

13. Refunds, Cancellations, Chargebacks, and Buyer Disputes

Unless Trakmode is the Merchant of Record, refund, cancellation, non-delivery, service-quality, license-scope, and chargeback disputes are between the Buyer and the Creator.

Creators must publish and honor clear refund and cancellation terms.

For digital products, Creators may offer non-refundable purchases where permitted by applicable law. Some jurisdictions provide consumers with withdrawal, cancellation, refund, repair, replacement, price reduction, or digital-content remedies that cannot be waived. Creators must comply with those rules.

Trakmode may assist with dispute review, fraud prevention, evidence collection, account restriction, refund routing, chargeback handling, payout holds, or buyer protection actions.

Trakmode's involvement in a dispute does not make Trakmode the Merchant of Record unless Trakmode was clearly identified as Merchant of Record before checkout.

Trakmode may suspend or restrict Creators who repeatedly fail to deliver, misrepresent offers, ignore buyer issues, trigger excessive chargebacks, or violate these Terms.

14. Digital Product Licenses

A purchase of a digital product grants only the rights stated in the selected license.

Unless a license expressly says otherwise, Buyers do not receive ownership of the underlying copyright, master, composition, sound recording, sample pack, preset, artwork, brand, or Creator Content.

Creators remain responsible for making sure their license terms are accurate, enforceable, and consistent with the rights they actually own or control.

Buyers must not resell, redistribute, repackage, leak, upload, share, sublicense, train AI models on, or otherwise exploit raw Creator Content outside the purchased license.

Exclusive licenses may remove a product from future sale, but do not automatically transfer copyright ownership unless the applicable license or written agreement clearly states that ownership is transferred.

Buyout or ownership-transfer terms must be stated clearly and may require a separate written agreement.

15. Creator Services, Sessions, and Custom Work

Creators may offer services such as mixing, mastering, production, recording, songwriting, consultation, feedback, sound design, custom beats, custom tracks, studio sessions, or related work.

The Creator is responsible for defining:

- service scope; - deliverables; - timeline; - buyer requirements; - revision limits; - cancellation rules; - no-show rules; - communication method; - file-delivery process; - ownership and license terms for final deliverables.

Buyers must provide accurate briefs, materials, references, files, and approvals needed for the Creator to perform the service.

Unless Trakmode is clearly identified as Merchant of Record, Trakmode is not responsible for the quality, timing, delivery, creative direction, revisions, or outcome of Creator services.

16. Creator Content and Intellectual Property

Creators retain ownership of their Creator Content, subject to any licenses or agreements they grant to Buyers or third parties.

By uploading, publishing, linking, embedding, previewing, or delivering Creator Content through Trakmode, Creators grant Trakmode a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, transcode, stream, preview, display, publish, distribute, promote, secure, analyze, classify, moderate, and deliver Creator Content solely for operating, improving, securing, marketing, and supporting Trakmode.

This operational license includes the right to:

- generate previews, thumbnails, waveform displays, snippets, metadata, and product cards; - display Creator Content on creator profiles, storefronts, embeds, links, discovery surfaces, and promotional materials; - deliver purchased files to Buyers; - run security, fraud, copyright, AI, abuse, and compliance checks; - preserve evidence related to disputes, takedowns, fraud, chargebacks, or legal claims.

Creators represent and warrant that they own or control all rights required to upload, publish, license, sell, preview, and deliver their Creator Content.

Creators must not upload or offer content that infringes copyrights, neighboring rights, publishing rights, master rights, trademark rights, privacy rights, publicity rights, moral rights, confidentiality obligations, contractual restrictions, or other third-party rights.

17. Samples, Beats, Presets, Voice, Likeness, and Third-Party Materials

Creators are fully responsible for clearing any third-party material included in their Creator Content.

This includes:

- samples; - loops; - stems; - acapellas; - vocals; - melodies; - drums; - MIDI; - presets; - plugin-related materials; - cover artwork; - logos; - artist names; - label names; - voice models; - likenesses; - images; - video clips; - references to brands or public figures.

"Fair use," "inspiration," "remix," "type beat," "unreleased," "found online," "for promo only," or similar language does not guarantee that content is lawful.

Trakmode may remove, restrict, or disable content if there is a rights concern, even before a legal claim is fully resolved.

18. AI-Generated and AI-Assisted Content

Creators must clearly and accurately disclose AI-generated or AI-assisted content where required by law, platform rules, buyer expectations, or Trakmode policy.

Creators must not upload, sell, or promote AI-generated or AI-assisted content that:

- infringes third-party rights; - imitates a real person's voice or likeness without permission; - misleads Buyers about authorship or origin; - falsely suggests involvement by an artist, producer, label, brand, or public figure; - violates applicable AI, consumer protection, publicity, privacy, or intellectual-property laws.

Trakmode may require labels, metadata, confirmations, or restrictions for AI-generated or AI-assisted content.

Trakmode may remove or restrict AI-related content where needed to protect users, rights holders, platform integrity, or legal compliance.

19. Content Review, Moderation, and Platform Takedowns

Trakmode may perform automated and manual review of accounts, profiles, content, listings, offers, metadata, payment activity, messages, links, downloads, and usage patterns.

Trakmode may remove, hide, restrict, label, demonetize, suspend, or terminate content or accounts where we believe it is necessary to:

- comply with law; - protect intellectual property rights; - prevent fraud, scams, impersonation, malware, spam, or abuse; - protect Buyers, Creators, brands, partners, or third parties; - respond to payment-provider requirements; - reduce chargeback or compliance risk; - enforce these Terms or the Creator Agreement; - preserve platform trust and safety.

Trakmode may act before completing a full investigation where the risk appears urgent, serious, repeated, or legally sensitive.

Content review does not mean Trakmode endorses, approves, guarantees, or assumes responsibility for Creator Content.

Where required by law, Trakmode may provide users with information about certain moderation decisions, restriction reasons, appeal options, or complaint mechanisms.

20. Rights Complaints, DMCA Notices, and Content Removal

Trakmode respects intellectual property, privacy, publicity, confidentiality, and other lawful rights.

If you believe content on Trakmode violates your rights, these Terms, or applicable law, you should contact Trakmode directly.

Rights complaints, DMCA notices, copyright concerns, trademark concerns, impersonation claims, privacy concerns, leaked-content concerns, or similar disputes may be submitted to:

Trakmode LLC Designated DMCA Agent / Rights Complaints 8 The Green, Suite B Dover, DE 19901 United States Email: support@trakmode.com Subject: Rights Complaint / DMCA Notice

A valid notice should include:

- identification of the content or material at issue; - the URL or location on Trakmode; - a description of the rights allegedly violated; - your name and contact information; - evidence of ownership, control, authorization, or legal interest; - a statement that the information is accurate; - any legally required statements under applicable law.

For copyright notices under the U.S. Digital Millennium Copyright Act, the notice should include the statements, signature, and information required by applicable DMCA rules.

Trakmode may notify the affected Creator and may allow a response or counter-notice where appropriate.

Trakmode is not required to provide advance notice or a response opportunity in urgent, repeated, fraud, safety, court-order, payment-provider, or clear-infringement cases.

Trakmode may remove, hide, restrict, disable, preserve, or permanently delete content where reasonably necessary.

Submission of a notice does not guarantee removal.

Trakmode may terminate repeat infringers.

21. Creator Standards and Compliance Checks

Creators must operate responsibly, professionally, and legally.

Creators must not:

- misrepresent ownership, rights, credits, affiliations, or credentials; - falsely imply endorsement by artists, labels, brands, studios, or Trakmode; - sell content they do not have rights to sell; - use misleading descriptions, fake scarcity, fake exclusivity, or fake endorsements; - avoid taxes, invoice obligations, or consumer-protection rules; - manipulate sales, streams, rankings, engagement, reviews, or metrics; - repeatedly fail to deliver purchased products or services; - use Trakmode to distribute malware, spam, scams, phishing, or deceptive links.

Trakmode may request additional documents, proof of rights, identity information, tax information, or seller information at any time.

Failure to provide requested information may result in restricted checkout, hidden offers, payout holds, suspension, or termination.

22. Discovery, Ranking, Search, and Recommendations

Trakmode may display, rank, recommend, feature, or organize creators, offers, posts, links, profiles, products, services, or search results.

Ranking and recommendations may consider factors such as:

- relevance to the user; - profile completeness; - content quality; - verification status; - creator activity; - buyer activity; - sales performance; - engagement; - location or language; - category; - freshness; - compliance status; - rights or risk signals; - technical quality; - editorial or curated selections; - paid or sponsored placement where clearly labeled.

Trakmode may change ranking systems at any time.

Paid placement, sponsored content, brand campaigns, or partner features will be labeled where required by law or platform policy.

23. Reviews, Testimonials, Endorsements, and Sponsored Content

Users must not create, buy, sell, request, manipulate, suppress, or display fake reviews, fake testimonials, fake engagement, fake followers, fake streams, fake sales, or fake social proof.

Creators, brands, and partners must clearly disclose paid relationships, sponsorships, free products, commissions, affiliate relationships, or other material connections where required by law.

Creators are responsible for making proper disclosures in their own posts, offers, messages, profiles, social content, and brand collaborations.

Trakmode may remove or restrict reviews, endorsements, testimonials, sponsored content, or promotional claims that appear deceptive, misleading, manipulated, or unlawful.

24. Messaging, Community Features, and User Content

Trakmode may allow users to message creators, contact buyers, publish posts, share links, embed content, or communicate through platform tools.

You are responsible for what you send, publish, upload, or link.

You must not use Trakmode communications for harassment, threats, spam, scams, illegal transactions, malware, phishing, impersonation, hate, exploitation, or rights violations.

Trakmode may monitor, restrict, or remove communications where needed for safety, fraud prevention, legal compliance, or enforcement of these Terms.

25. Data, Analytics, and Creator Intelligence

Trakmode may collect and use platform data, usage data, transaction data, engagement data, profile data, content metadata, and analytics to operate, secure, improve, and develop Trakmode.

Trakmode may use aggregated, anonymized, or de-identified data for analytics, reporting, benchmarking, recommendations, product development, brand programs, creator insights, and platform improvement.

Trakmode may provide Creators with analytics about their own profiles, offers, buyers, followers, sales, engagement, and content performance.

Trakmode will handle personal data according to its Privacy Policy.

Trakmode will not share non-public Creator financial, performance, or profile data with capital providers, funding partners, or similar third parties for individual evaluation unless the Creator has provided required consent or opted in where required.

26. Storage, Delivery, Backups, Records, and Availability

Trakmode may store, process, transcode, cache, deliver, and secure Creator Content using third-party infrastructure providers.

Creators are responsible for maintaining their own backups of all files, products, audio, artwork, metadata, messages, business records, and transaction records.

Buyers are responsible for downloading and safely storing purchased files within the access period or download availability made available through Trakmode or the Creator.

Trakmode does not guarantee permanent storage, uninterrupted access, error-free delivery, or indefinite availability of any content, account, download, message, receipt, invoice, or transaction record.

Trakmode may retain copies of invoices, receipts, transaction records, payment-related records, tax-related records, refund records, dispute records, chargeback records, compliance records, and related account information for as long as reasonably necessary or required by law, accounting rules, tax obligations, payment-provider requirements, fraud prevention, dispute handling, legal compliance, or enforcement of these Terms of Service.

If Trakmode permanently discontinues the Service or shuts down creator commerce functionality, Trakmode will use commercially reasonable efforts to provide reasonable notice and, where technically and commercially reasonable, a limited opportunity for Creators to export or download creator-uploaded files and related creator account data.

Where technically and commercially reasonable, Trakmode may also provide Buyers with continued access to purchased digital products for a limited transition period or provide download instructions before access is discontinued.

Trakmode may remove, archive, restrict, preserve, or delete inactive, illegal, risky, abandoned, disputed, unsupported, or non-compliant content according to platform policy, legal requirements, payment-provider requirements, or security needs.

Nothing in this section requires Trakmode to provide indefinite hosting, storage, delivery, account access, download access, backup services, or post-shutdown availability.

27. Third-Party Services and Integrations

Trakmode may integrate with third-party services, including payment processors, tax tools, cloud hosting providers, analytics providers, social networks, music platforms, messaging services, calendar tools, embed providers, and other technology partners.

Third-party services are governed by their own terms and privacy policies.

Trakmode is not responsible for third-party service failures, outages, decisions, account restrictions, fees, data practices, payment holds, or policy enforcement.

28. Optional Programs: Brands, Perks, Opportunities, and Financing

Trakmode may offer optional creator programs, brand collaborations, perks, partner opportunities, playlist or content initiatives, creator funding, capital introductions, data insights, promotional features, or curated programs.

These programs may require separate terms, applications, eligibility checks, opt-ins, revenue shares, disclosures, or approvals.

Participation is not guaranteed.

Trakmode may accept, reject, pause, change, or end any optional program at any time.

Nothing on Trakmode is financial, investment, legal, or tax advice.

29. Acceptable Use

You may not use Trakmode to:

- violate law or third-party rights; - infringe copyrights, trademarks, privacy, publicity, or confidential information; - distribute malware, spyware, phishing links, or harmful code; - manipulate payments, refunds, chargebacks, sales, rankings, reviews, or metrics; - scrape, crawl, harvest, or misuse data without permission; - impersonate another person, creator, brand, label, company, or rights holder; - mislead users about affiliation, endorsement, ownership, or licensing; - harass, threaten, abuse, exploit, or discriminate against others; - upload illegal, harmful, exploitative, hateful, or deceptive content; - bypass platform restrictions, security measures, or payment controls.

Additional rules may appear in Trakmode's Acceptable Use Policy, Creator Agreement, Community Guidelines, checkout policies, or license terms.

30. International Use and Export Controls

Trakmode is operated from the United States and may be accessed internationally.

Users are responsible for complying with laws that apply to them based on their location, business, content, tax status, buyers, and transactions.

You may not use Trakmode in violation of export controls, sanctions, anti-money-laundering rules, anti-bribery rules, or other trade restrictions.

Trakmode may restrict access, payments, payouts, or content in certain countries, regions, industries, or risk categories.

31. Platform Changes, Suspension, and Termination

Trakmode may modify, suspend, discontinue, restrict, or remove any feature, account, offer, content, checkout flow, integration, or service.

Trakmode may suspend or terminate access if we believe you have violated these Terms, created legal or payment risk, infringed rights, caused harm, failed verification, triggered excessive disputes, or used Trakmode in a way that harms the platform or other users.

Where required by law, Trakmode may provide notice or reasons for certain restrictions, suspensions, or terminations.

Trakmode may act immediately without prior notice where necessary for legal compliance, fraud prevention, safety, rights protection, payment-provider requirements, repeated violations, urgent risk, or platform security.

32. Disclaimers

Trakmode is provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, Trakmode disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, security, and uninterrupted operation.

Trakmode does not guarantee:

- that Creator Offers are lawful, original, high-quality, suitable, or properly licensed; - that Creators will deliver products or services; - that Buyers will use licenses correctly; - that third-party services will remain available; - that platform analytics are complete or error-free; - that any Creator will earn revenue, grow an audience, receive brand opportunities, or qualify for financing.

Nothing in these Terms limits rights that cannot be limited under applicable consumer law.

33. Limitation of Liability

To the maximum extent permitted by law, Trakmode will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages.

This includes damages related to:

- Creator Offers; - buyer-creator disputes; - lost revenue; - lost files; - lost data; - rights claims; - payment holds; - chargebacks; - tax issues; - account suspension; - third-party services; - unauthorized access; - content removal; - platform downtime.

To the maximum extent permitted by law, Trakmode's total liability for any claim will not exceed the greater of:

1. USD $100; or 2. the amount you paid directly to Trakmode, not to a Creator, in the six months before the claim.

This limitation does not apply where prohibited by law.

34. Indemnification

You agree to defend, indemnify, and hold harmless Trakmode, its owners, directors, officers, employees, contractors, partners, service providers, and affiliates from claims, damages, losses, liabilities, costs, and expenses arising from:

- your use of Trakmode; - your Creator Content; - your Creator Offers; - your purchases or license usage; - your disputes with another user; - your infringement or alleged infringement of third-party rights; - your violation of these Terms; - your violation of law; - your fraud, misrepresentation, tax non-compliance, chargebacks, or payment disputes.

Creators are responsible for claims arising from their products, services, licenses, content, buyer disputes, and business activities.

35. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules.

To the maximum extent permitted by law, disputes between you and Trakmode will be resolved by binding individual arbitration in Delaware, unless applicable law gives you rights that cannot be waived.

You and Trakmode waive the right to bring claims as a class action, collective action, private attorney general action, or representative action, to the maximum extent permitted by law.

Nothing in this section prevents Trakmode from seeking injunctive or equitable relief for intellectual-property misuse, platform abuse, security threats, confidentiality breaches, fraud, or unauthorized access.

If you are a consumer in a jurisdiction where mandatory consumer-law rights apply, nothing in these Terms limits those non-waivable rights.

Buyer-Creator disputes remain between the Buyer and Creator unless Trakmode is Merchant of Record or chooses to assist.

36. Changes to These Terms

Trakmode may update these Terms from time to time.

If changes are material, Trakmode may provide notice by updating the "Last Updated" date, posting a notice, emailing users, showing an in-product notification, or using another reasonable method.

Your continued use of Trakmode after updated Terms become effective means you accept the updated Terms.

37. Privacy

Your use of Trakmode is also governed by our Privacy Policy.

The Privacy Policy explains how Trakmode collects, uses, shares, stores, and protects personal data, and how users may exercise privacy rights.

38. Notices

Trakmode may provide notices by email, dashboard message, account notification, pop-up, banner, public posting, or other reasonable method.

You are responsible for keeping your account email current.

Legal notices to Trakmode may be sent to:

Trakmode LLC 8 The Green, Suite B Dover, DE 19901 United States Email: support@trakmode.com

39. General Terms

These Terms, together with the Privacy Policy, Creator Agreement, Acceptable Use Policy, checkout terms, license terms, and any additional terms referenced on Trakmode, form the agreement between you and Trakmode.

If any part of these Terms is found invalid or unenforceable, the remaining parts remain in effect.

Trakmode's failure to enforce a provision is not a waiver.

You may not assign these Terms without Trakmode's consent. Trakmode may assign these Terms as part of a merger, acquisition, restructuring, financing, sale of assets, or transfer of business.

Headings are for convenience only.

40. Contact

Questions, disputes, rights concerns, copyright complaints, DMCA notices, trademark concerns, impersonation claims, privacy concerns, leaked-content concerns, or other platform concerns should be addressed directly to Trakmode:

Trakmode LLC 8 The Green, Suite B Dover, DE 19901 United States Email: support@trakmode.com

For rights complaints or DMCA-style notices, please use the subject line:

Rights Complaint / DMCA Notice