TOKIRA SOUND — MASTER SERVICE AGREEMENT

1.1 "Services" includes curated music programming, playlists, mixes, audio curation, digital content, updates, and related materials provided by Tokira Sound.

1.2 "Subscription" refers to the recurring plan purchased by the User granting access to the Services.

1.3 "Commercial License" means the limited rights granted to use the Services within a commercial business environment.

1.4 "Free Trial" refers to the optional seven-day introductory access provided to new subscribers under the conditions defined herein.

1.5 "Data Protection Laws" includes GDPR (EU/UK), CCPA (US-California), and all applicable international data privacy regulations.

2. SCOPE OF SERVICES

Tokira Sound provides curated audio programming for commercial venues. Users receive access for the duration of their Subscription and in compliance with the applicable Commercial License.

Content may be updated or replaced monthly. Continued use constitutes acceptance of such updates.

3. ACCOUNT & ELIGIBILITY

3.1 The User must be at least 18 years old and authorized to represent the business using the Services.

3.2 The User must provide accurate registration and billing information.

3.3 The User is responsible for maintaining account confidentiality and all activity under it.

4. SUBSCRIPTION, BILLING & FREE TRIAL

4.1 Free Trial (7 Days)

a) Tokira Sound may offer eligible new customers a seven (7) day free trial ("Free Trial").

b) During the Free Trial period, Users receive full access to the Services under the same Commercial License terms.

c) A valid payment method may be required to activate the Free Trial.

d) At the end of the Free Trial, unless cancelled, the Subscription will automatically convert into a paid plan, and the User authorizes Tokira Sound to charge the applicable fees.

e) If the User cancels during the Free Trial, no charges will be applied.

f) Each business/location is limited to a single Free Trial unless explicitly approved by Tokira Sound.

4.2 Fees

Subscription fees are displayed at checkout and billed on a recurring monthly or annual basis depending on the selected plan.

4.3 Auto-Renewal

All Subscriptions renew automatically until cancelled.

The User authorizes Tokira Sound to charge the designated payment method for each renewal term.

4.4 Failed Payments

If payment fails, access may be suspended until updated payment details are provided.

4.5 Refund Policy

Except where required by law:

Fees are non-refundable once the paid Subscription period begins.

Free Trial cancellations are fully free of charge.

5. COMMERCIAL LICENSE & PERMITTED USE

Upon activation of a Subscription or Free Trial, Tokira Sound grants a limited, non-exclusive, non-transferable Commercial License to use the curated audio programming for in-business playback at a single physical location unless explicitly expanded in writing.

You may NOT:

a) Reproduce, distribute, or upload content outside your business

b) Stream, post, or broadcast our content publicly (online or otherwise)

c) Resell or sublicense the content

d) Share your access link

e) Modify, reverse engineer, or create derivative works

f) Use for radio, TV, digital streaming, or third-party distribution without written consent

Ownership of all content remains solely with Tokira Sound.

6. PUBLIC PERFORMANCE COMPLIANCE

You are responsible for any local public performance licenses required in your jurisdiction (e.g., ASCAP, BMI, PRS, GEMA, JASRAC, etc.).

Tokira Sound does not cover venue-level performance licensing requirements.

7. TERMINATION & CANCELLATION

7.1 User Cancellation

You may cancel at any time via your account dashboard or by written request.

Access continues until the end of the current billing period unless cancelled during the Free Trial.

7.2 Cancellation During Free Trial

If cancelled within the seven-day Free Trial period, your payment method will not be charged and access ends immediately.

7.3 Termination by Tokira Sound

We may terminate or suspend access for:

a) payment failure

b) violation of licensing or usage restrictions

c) breach of this Agreement

d) fraudulent activity

Upon termination, all rights granted to you immediately cease.

8. PRIVACY POLICY & DATA PROCESSING

8.1 Data We Collect

Business and contact information

Billing and payment data

Device, IP, and technical information

Usage and access analytics

Communication preferences

8.2 Lawful Basis (GDPR)

Data is processed under:

Contractual necessity

Legitimate interest

User consent (where applicable)

8.3 Data Sharing

Data may be shared with vetted third-party processors including payment gateways, IT security providers, hosting services, and analytics platforms.

We never sell personal data.

8.4 International Data Transfers

Cross-border transfers (EU/UK → US/Asia) use:

Standard Contractual Clauses (SCCs)

Adequacy decisions

Other lawful safeguards

8.5 User Rights

Depending on jurisdiction, you may request:

Access

Correction

Erasure

Restriction

Objection

Data portability

Withdrawal of consent

Complaint to a supervisory authority

Requests may be sent to [email protected].

8.6 Retention

Data is stored only as long as necessary to provide Services and meet legal obligations.

9. DISCLAIMER

The Services are provided "AS IS," without warranties of any kind, including uninterrupted availability or fitness for a particular purpose.

10. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

a) Tokira Sound is not liable for indirect, incidental, or consequential damages.

b) Aggregate liability shall not exceed the amount paid by the User in the 30 days prior to the claim.

c) We are not responsible for business interruptions or local licensing penalties.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Tokira Sound from claims arising from:

misuse of the Services

breach of this Agreement

violation of copyright, licensing, or local performance laws

unauthorized sharing or distribution of content

12. GOVERNING LAW

This Agreement is governed by the laws of Hong Kong SAR.

Users in the EU/UK maintain all mandatory consumer protection rights under their local laws.

13. CHANGES TO THIS AGREEMENT

Tokira Sound may modify this Agreement at any time. Updates will be posted on the website with a "Last Updated" date. Continued use constitutes acceptance.

14. CONTACT INFORMATION

For legal inquiries, privacy requests, or support:

Tokira Sound

Email: [email protected]

Website: tokirasound.com