These Terms of Use (“Terms”) govern your use of the website(s) operated by Whole.org, a Colorado nonprofit corporation (“Whole.org”, “us”, “our” or “we”) (collectively, the "Sites"), our mobile application(s) (each, an “App”), together with the educational resources, materials, tools, and related services we make available to churches, worship leaders, and worship ministries (collectively, our “Services”). The user of the Sites, any App, and the Services is sometimes hereinafter referred to as “you” or “user.”
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BYACCESSING ORUSING OUR WEBSITE AND/OR SERVICES, YOU AGREE TOBE LEGALLY BOUND BYTHESE TERMS.IF YOU DO NOT AGREETO THESE TERMS, DO NOTACCESS ORUSE OUR SITES OR SERVICES.
These Terms, together with our Privacy Policy, are the sole agreement we have with you. They govern your rights to use our Sites and/or Services, they govern our ability to use the content you provide us with, and they govern our rights to provide you with the Services. By accessing or using our Sites or otherwise engaging our Services, you and the entity you are representing (if applicable) signify your agreement and consent to be bound by these Terms and our Privacy Policy. Because our Services are designed for worship leaders and religious organizations, information you provide to us - including the name of your organization, ministry, church, or denomination - may reveal or imply your religious beliefs or religious affiliation. Such information may constitute Special Category Personal Data under applicable law, including Article 9(1) of the GDPR. By affirmatively agreeing to these Terms and our Privacy Policy, you provide your explicit consent to the processing of such information as described in our Privacy Policy, including the “Sensitive Information - Religious Beliefs and Affiliation” section thereof. You may withdraw your explicit consent at any time by contacting us at privacy@multitracks.com, provided that such withdrawal will not affect the lawfulness of any processing carried out prior to the withdrawal of consent.
By using or otherwise accessing the Sites or using the Services, you represent and warrant that: i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
The Sites, Services, and any App are intended for users over the age of 18. We do not knowingly collect personal information from children under the age of 13 (or under the age of 16 for users located in the European Economic Area). This means that you cannot use the Sites, Services, or any App if you are under the age of 18. Furthermore, you shall not provide us with any personal data or information relating to anyone under the age of 13 (or under the age of 16 for users in the EEA).
In case we have any belief that the Sites, Service or any App is used on behalf of someone under the age of 18, we reserve the right to request proof of age.
In the event that it comes to our knowledge that a person under the age of 18 is using the Sites, Services or any App, we will prohibit and block such user from accessing the Sites, Services and any App and will make all efforts to promptly delete any Personal Data (as such term is defined in our Privacy Policy) with regard to such user.
Please be aware of the following restrictions which are explained in greater detail below:
The following Terms are organized in sections and paragraphs and cover the following topics:
Registration Data and Privacy. In order for you to access the Services, including our software and content on the Sites, you will have to register for an account by completing our online registration form, which requests you to supply certain information and data (“Registration Data”). Registration Data includes: (a) your name; (b) the name of the company, church, ministry, denomination, or organization on whose behalf you are registering (please note that, because our Services are designed for worship leaders and religious organizations, this information may reveal or imply your religious beliefs or affiliation, which is treated as Special Category Personal Data under applicable law, including GDPR Article 9(1)); (c) your email address; and (d) payment and billing information. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required so that the information remains current, complete, and accurate. The information we obtain through your use of the Sites, including your Registration Data, is subject to our Privacy Policy, which is incorporated herein by reference. We reserve the right to verify your email address and may require you to provide a valid credit card, debit card, or bank account information (for payment by Automated Clearing House (“ACH”) or other electronic bank transfer) as part of the account creation and maintenance process. You authorize us to verify the validity of your payment method, including, in the case of a bank account, through micro-deposit, account-verification services, or other reasonable verification methods. By providing payment information, you authorize us to charge or debit all applicable fees to such payment method in accordance with the payment terms disclosed at the time of purchase or subscription.
Access to Services; Free and Paid Content. Our Services are currently provided to you free of charge. We may in the future offer certain content, including video and other premium educational content, on a paid basis behind a paywall or subscription. If and when we introduce paid content, we will disclose the applicable fees and payment terms at the point of purchase, and your purchase or subscription will be governed by those disclosed terms together with the payment provisions set forth in Section 4 of these Terms. We reserve the right to determine and modify, in our discretion, which portions of the Services are offered free of charge and which require payment.
Third-Party Service Providers and AI Tools. In providing the Services, we use third-party service providers for internal business operations, including customer support platforms, project management software, payment processing services, and artificial intelligence tools, as further described in the “Third-Party Service Providers” section of our Privacy Policy. Personal Information you provide to us — including your name, email address, and the name of your organization or ministry — may be accessed by, or incidentally included in inputs submitted to, these platforms by our staff, solely for the purpose of providing our Services to you. We do not intentionally submit your Personal Information to artificial intelligence platforms for training purposes, and we take reasonable steps to minimize the Personal Information shared with such tools. All such third-party providers are contractually obligated not to disclose or use your Personal Information for any purpose other than performing tasks on our behalf, except that the Payment Processors described below act as independent controllers as set forth below. Where required by applicable law, we have entered into or will enter into data processing agreements with these providers. Payment card and bank-account information that you provide in connection with a purchase or subscription is collected, processed, and stored directly by our third-party payment processors, which include Checkout.com, Authorize.net, and EBANX, and, for in-app purchases made through an App on Apple’s App Store, Apple Store In-App Payments (each, a “Payment Processor”), as further described in the “Third-Party Service Providers” section of our Privacy Policy; Whole.org does not itself collect or retain your full payment card numbers or bank-account credentials. When you make a purchase or subscribe to a paid Service, you enter and submit your payment card and bank-account information directly to the applicable Payment Processor through its hosted payment interface; you do not enter or submit your financial account information on the Whole.org Sites, and Whole.org does not receive or have access to your full payment card numbers or bank-account credentials. Each Payment Processor acts as an independent data controller with respect to the payment card and bank-account information it collects from you, and it determines the purposes and means of its own processing of that information; accordingly, each Payment Processor's collection, use, processing, and retention of that information are governed by that Payment Processor's own privacy policy and terms of use (for example, Checkout.com’s privacy policy is available at https://www.checkout.com/legal/privacy-policy and its terms of use at https://www.checkout.com/legal/terms-and-policies), rather than by these Terms or our Privacy Policy, and we encourage you to review those documents.
Email Communications and Email Tracking. When we send you emails, we may use tracking pixels and tracked links to measure opens, clicks, and related engagement, as described in the “Email Communications and Email Tracking” section of our Privacy Policy. For users in the EEA, the United Kingdom, Switzerland, and in particular France and Italy, we use such email tracking only on the basis of your prior, freely given, specific, informed, and unambiguous consent, which we obtain separately from your consent to receive our emails. Your receipt of emails and your use of the Services are not conditioned on your consent to email tracking, and you may withdraw your consent to email tracking at any time — without unsubscribing from our emails — through our email preference center or by contacting privacy@multitracks.com. This provision supplements our Privacy Policy, which governs in the event of any conflict regarding the processing of Personal Information.
No Sharing of Account Information. Each person using the Sites and Services, including any content, must have a unique account. Sharing of accounts is strictly prohibited.
Restrictions on Use. All pages within the Sites, which include but may not be limited to the site located at www.Whole.org and all associated sites linked to these Sites by us, are our property or that of our affiliates or licensors and are protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without our written permission. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable additional terms of use associated with them. Any rights not expressly granted by these Terms are reserved by us and our licensors.
For the purpose of clarity, you agree that you may not: copy, reproduce, or otherwise use any part of the Sites, Services, or their content, including but not limited to images, text, and audio or video content, in a manner not expressly permitted under these Terms; share account login credentials with any other person or use any other person's user name and password; reverse-engineer, disassemble, decompile, modify or create derivative works based on the Sites or Services; circumvent any technology used by Whole.org, its licensors, or any third party to protect content accessible through the Sites or Services; artificially manipulate the Sites or Services by using a script or other automated process; and import or upload any files or content which you have not legally acquired into the Sites or Services.
Additionally, you agree to take all reasonable care to prevent unauthorized use of the Sites or Services. You acknowledge and agree that Whole.org may remove or reclaim your username at any time if Whole.org, in its absolute discretion, considers such action appropriate.
User represents, warrants, and agrees that user shall not directly or indirectly collect, copy, mine (or otherwise engage in the process known as “scraping”) any data, information, or content made available through the Whole.org website(s) (“Sites”) or Services. In addition to any other remedies available to Whole.org, a violation of this representation and warranty by the user shall be deemed grounds for immediate revocation and termination of all of the user’s rights and privileges hereunder as well as immediate revocation of the user’s access to all of the Sites and Services. Whole.org shall also have the right to notify any affected copyright owners who may have been affected by the user’s violation of this representation and warranty.
Warranty Disclaimer. THE SITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THEM OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. EXCEPT AS PROHIBITED BY APPLICABLE LAW, WHOLE.ORG, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITES, AND/OR ANY LINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Accuracy of the Sites. Although we try to ensure the integrity and accurateness of the Sites, we make no guarantees whatsoever as to the correctness or accuracy of the Sites. It is possible that unauthorized additions, deletions and alterations could be made to the Sites by third parties. If you find any inaccuracy, please inform us so that we can correct it. Information contained on the Sites may be changed or updated without notice.
Links or Pointers to Other Sites. We make no representations whatsoever about any other Website that you access through our Sites. When you access another Website, please understand that it is independent from us, and that we have no control over the content on that Website. A link to another Website does not mean that we endorse or accept any responsibility for the content or use of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, malware and other items of a destructive nature.
No Unlawful or Prohibited Purpose. As a condition of your use of the Sites, you warrant to us that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms nor any applicable national or local laws or regulations.
Changes to the Sites. We reserve the sole right to either modify or discontinue the Sites, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party, should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, etc. Any new features that augment or enhance the then-current services on this Sites shall also be subject to these Terms.
Interruptions of Service on the Sites. You understand and agree that temporary interruptions of the services available through the Sites may occur as normal events. You understand and agree that we have no control over third party networks you may access during the use of the Sites, and therefore, delays and disruption of other network transmissions are completely beyond our control. We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
No Subversion or Hacking. You hereby agree that you will not intentionally break, hack, reverse engineer, act fraudulently or in any way subvert the intended use of this Sites, services, and/or Products.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Designated Agent for Claimed Infringement:
MultiTracks.com, LLC
1500 Arrow Point Dr. Building VII Ste 701
Cedar Park, TX 78613
Attn: Head of Legal & Business Affairs and General Counsel
Phone: 737-232-5518
Email: support@multitracks.com
MultiTracks.com LLC
1500 Arrow Point Dr. Building VII Ste 701
Cedar Park, TX 78613
Phone: (737) 232-5518
Email: support@multitracks.com
Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your registration data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
SMS/Text Messaging Terms. By opting into SMS communications from Whole.org, you consent to receive text messages related to your inquiry, account, or support interactions. Consent to receive SMS messages is not a condition of purchasing any product or service. Message frequency varies depending on your interaction with our team. Message and data rates may apply. You may opt out at any time by replying STOP to any message. After opting out, you will receive a final confirmation message, and no further text will be sent. For help, reply HELP or contact support@multitracks.com.
Payment of Fees for Purchases and Subscriptions to Services. The Services are currently provided to you free of charge, and the following payment provisions apply only if and when we introduce paid content, products, or subscriptions as described in the “Access to Services; Free and Paid Content” provision above. If you purchase an item or if you subscribe to a service that requires payment of a fee, you agree to pay those fees. For all charges for subscriptions to services, we will bill or debit your credit card, debit card, bank account (via ACH or other electronic bank transfer), or other payment method, in advance of service or at the end of a free trial period whichever comes first. You agree to provide us with accurate and complete billing information, including valid credit card or bank account information, your name, address, and telephone number, and to provide us with any changes in such information within ten (10) days of a change. If, for any reason, your credit card company or financial institution refuses to pay the amount billed, or an ACH or other bank debit is returned, rejected, reversed, or otherwise not honored, you agree that we may, at our option, suspend or terminate your subscription to the service or if deemed appropriate access to your account until you pay the overdue amount. We reserve the right to charge you a fee for reinstatement of suspended or terminated accounts. In addition, if any check, draft, ACH entry, or other payment is returned, rejected, reversed, dishonored, or otherwise not honored, you agree to pay Whole.org a returned payment fee of twenty-five dollars ($25.00) per returned item, which is in addition to any returned-payment, returned-check, non-sufficient funds, or similar fees charged by our third-party payment processor or any financial institution, to the extent permitted by applicable law. You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service. If you voluntarily elect to terminate a subscription to services, you will continue to have access to the services until the end of your subscription term, whether monthly or annually, as your access will expire on your renewal date. No amount will be credited back or refunded to you for termination of a subscription to a service prior to your renewal date, even if you do not use the service. You will also be responsible for paying any sales or value added taxes added to the purchase price or subscription fees as well as any fees added to your transaction by your credit card company or financial institution. For questions regarding billing, fees, or charges, or to update your billing information, you may contact us at support@multitracks.com.
ACH and Bank Account Payment Authorization. If you elect to pay by ACH or otherwise provide us with your bank account information, you authorize Whole.org and its third-party payment processor, Checkout.com, to initiate electronic debit entries (and, where necessary to correct an erroneous debit, electronic credit entries and adjustments) to the bank account you designate, in the amount of the applicable purchase price, subscription fee, applicable taxes, and any authorized associated fees. For subscriptions and other recurring charges, you authorize recurring ACH debits on the billing dates and according to the billing schedule disclosed to you at the time of purchase and set forth in these Terms (including the “Subscription Billing and Failed Payments” provisions below), and this authorization will remain in full force and effect until you cancel the applicable subscription or revoke this authorization as described below. You acknowledge and agree that this authorization may be provided and recorded electronically, and you consent to receive any required authorization copy, confirmation, and related disclosures in electronic form, consistent with the E-Sign Act. You represent and warrant that you are the owner of, or an authorized signer on, the bank account you designate and that you are authorized to permit debits to that account. You agree to provide accurate and complete bank account information and to promptly notify us of any change to or closure of that account. Where the amount of a recurring ACH debit will vary from the previous debit under this authorization, we (or our processor) will provide you written notice of the amount and date of the transfer at least ten (10) days before the scheduled transfer date, except that, where permitted, you may elect to receive such notice only when a debit falls outside a specified range or differs from the most recent debit by more than an agreed amount. You may revoke this ACH authorization or cancel any scheduled or recurring ACH debit by contacting us at support@multitracks.com or through your account settings at least three (3) business days before the scheduled debit date. Revocation or cancellation will not affect the lawfulness of any debit initiated before we received and had a reasonable opportunity to act on your notice, and you remain responsible for all amounts owed. If any ACH or other bank debit is returned, rejected, or reversed for any reason (including insufficient or uncollected funds, account closure, or an invalid account), you authorize us to re-initiate the debit in accordance with applicable rules, and, where we have provided notice and disclosed the dollar amount of the fee and you have gone forward with the underlying transaction, you authorize us to collect the returned-payment fee set forth in the "Payment of Fees for Purchases and Subscriptions to Services" section above (twenty-five dollars ($25.00) per returned item, in addition to any returned-payment, returned-check, non-sufficient funds, or similar fees charged by our third-party payment processor or any financial institution) by means of an electronic fund transfer from your account to the extent permitted by law; we may also suspend or terminate your access in accordance with these Terms. ACH and other electronic fund transfers initiated from accounts located in the United States are processed in accordance with the NACHA Operating Rules and applicable law, including, where applicable, the Electronic Fund Transfer Act and Regulation E.
Subscription Billing and Failed Payments. For subscription renewals, whether monthly or annually, we will attempt to bill your account for the applicable subscription(s) according to the following schedule:
Preauthorizing and prebilling your account helps ensure that you do not lose access to your subscription(s) due to a failed payment. If none of those attempts are successful, including where an ACH or other bank debit is returned, rejected, or reversed, and your billing information is not corrected by thirty (30) days after your subscription renewal date, we reserve the right to terminate your subscription(s) and all associated data, including any content you have uploaded. If you have questions about a subscription charge or a failed payment, or need to update your billing or payment information, you may contact us at support@multitracks.com.
Trademark Notice. Whole.org™ and our related names, logos, and service marks are the trademarks and service marks of Whole.org and may not be reproduced or utilized without our prior written consent in each instance. All other trademarks, service marks and logos used on the Sites are the trademarks, service marks or logos of their respective owners and may not be reproduced or utilized in any way without their owner’s prior written consent. Inclusion of any such trademarks on the Sites is for reference purposes only and does not indicate any affiliation or acknowledgment by their owners.
Limitation of Liability. YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THESE TERMS OR YOUR USE OF THE SITES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO US AS A RESULT OF THE TRANSACTIONS HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL LIMIT OUR LIABILITY FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
IN ADDITION TO ANY EXCUSE PROVIDED BY APPLICABLE LAW, WE SHALL BE EXCUSED FROM LIABILITY FOR NON-DELIVERY OR DELAY IN DELIVERY OF PRODUCTS OR SERVICES AVAILABLE THROUGH OUR SITE OR OUR SOFTWARE ARISING FROM ANY EVENT BEYOND OUR REASONABLE CONTROL, WHETHER OR NOT FORESEEABLE BY EITHER PARTY, INCLUDING BUT NOT LIMITED TO, CHANGES TO OPERATING SYSTEMS ON WHICH OUR SITES AND SOFTWARE RUN, SECURITY BREACHES TO SYSTEMS UPON WHICH WE RELY, INTERRUPTIONS IN COMMUNICATION SYSTEMS, PUBLIC HEALTH EMERGENCIES, LABOR DISTURBANCES, WAR, TERRORISM, FIRE, ACCIDENT, ADVERSE WEATHER, INABILITY TO SECURE TRANSPORTATION, GOVERNMENTAL ACT OR REGULATION, INTERNET OR TELECOMMUNICATIONS FAILURES, THIRD-PARTY SERVICE PROVIDER FAILURES, AND OTHER CAUSES OR EVENTS BEYOND OUR REASONABLE CONTROL, WHETHER OR NOT SIMILAR TO THOSE WHICH ARE ENUMERATED ABOVE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify, and hold us and our Affiliates harmless from and against all liabilities, claims, damages, losses, costs, and expenses, including reasonable court costs and attorney's fees, that arise from or relate to: (a) your use or misuse of the Sites or Services; (b) your breach of these Terms; (c) your uploading of unauthorized third-party content; (d) your use of any third-party content in a manner which violates any applicable law; (e) your infringement or misappropriation of any intellectual property or other rights of any person or entity; or (f) any claims by third parties arising from your use of any content or materials made available through the Sites or Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Failure to Enforce. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
International Use. The Sites are accessible worldwide. For users located outside the United States, including users in the European Economic Area (“EEA”), the United Kingdom, Switzerland, and Canada, additional rights and protections apply as described in our Privacy Policy, including rights under the GDPR and other applicable data protection laws. We make no representation that materials on this site are appropriate or available for use in locations not specifically addressed in our Privacy Policy and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Sites is void where prohibited. For users in the EEA, United Kingdom, or Switzerland, to the extent these Terms conflict with applicable data protection law, including the GDPR, applicable data protection law shall prevail with respect to the collection, processing, and use of your Personal Data.
Termination of Use. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Sites with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Sites immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Sites. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Your liability for any unpaid license fees shall survive any termination or expiration of these Terms. Following termination of your account, we will retain and process your Personal Information in accordance with our Privacy Policy and applicable law. If you wish to request deletion of your Personal Information following termination, please contact us at privacy@multitracks.com. Please note that certain Personal Information may be retained after termination as required by applicable law or for legitimate business purposes, including maintaining business and financial records, resolving disputes, and enforcing our agreements, as further described in the Data Retention Policy section of our Privacy Policy.
Unenforceability of Terms. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Choice of Law and Venue. These Terms are entered into in the State of Texas in the United States of America and shall be governed by and construed in accordance with the laws of the State of Texas. You submit to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms, the prevailing party will be entitled to costs and reasonable attorney's fees.
Limitation of Actions. Any cause of action brought by you against us or our assignee must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.
Assignment. You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms without notice to you, and these Terms shall inure to the benefit of our successors and assigns. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Sites, or use of or access to the Sites.
Eligibility to Enter into Agreement. You affirm and warrant that you are at least 18 years old and that you possess the capacity and authority to agree to and enter into this contract.
Entire Agreement. These Terms and our Privacy Policy, which is incorporated by reference in its entirety (including all sections addressing Special Category Personal Data, third-party service providers, cookie consent, data retention, and jurisdiction-specific rights), constitute the entire agreement and understanding between us and you as the user concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or Services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms, these Terms shall take precedence, except that to the extent of any conflict between these Terms and our Privacy Policy with respect to the collection, use, or processing of Personal Information (including Special Category Personal Data), the Privacy Policy shall govern. For users in the EEA, United Kingdom, or Switzerland, material changes to these Terms that affect the processing of your Personal Data will be communicated to you at least 30 days before they take effect, and where such changes require your consent under applicable law, they will only become effective upon your express consent, consistent with the notice and consent requirements set forth in our Privacy Policy.
Updated August 12, 2026
