TERMS OF SERVICE

Toggle Media, LLC (“Toggle”, “us” or “we”) will provide you (the “User”) limited access to certain content, data and services through a password-protected, proprietary application accessible through the hellotoggle.com website and the Toggle mobile application (or “App”) (collectively referred to herein as the “Services”) subject to the terms and conditions of this agreement (which together with our Privacy Policy referred to herein as the “Agreement”).

Please read the terms and conditions of this Agreement carefully. Your acceptance of the terms and conditions of this Agreement, either by (i) selecting “Accept” where indicated when setting up your account or (ii) through your initial and subsequent use of the App confirms your agreement (the “Acceptance”) that Toggle’s provision of the Services will be governed by this Agreement. Note that we reserve the right to discontinue the Services in the event that you do not comply with these terms and conditions.

ACCEPTANCE. User represents that it has the authority and capacity to accept the terms and conditions of this Agreement, and acknowledges and agrees that its initial and subsequent use of the Services shall further evidence its acceptance of the terms and conditions of this Agreement (and any amendments or modifications hereto).

DESCRIPTION OF THE SERVICES. The Services include, but are not limited to, assistance in managing certain of your video streaming service subscriptions (“Subscription(s)”) that are supported by the Toggle Service, specifically including the ability for you to request that Toggle subscribe to, cancel or restart your Subscriptions on your behalf.

Registration. In order to allow you to use the Services, you will need to register for an account with Toggle. You may register using an email address and password or a third-party identity provider, such as Apple or Google. If you use a third-party identity provider, you authorize Toggle to access the profile information you associated with such identity provider. Your “Registration Information” will include your login method, email address, password, and any other third-party profile information we may collect, which you authorize Toggle to store for the purpose of enabling your account. You agree to receive all required notices electronically from the Services to the e-mail address you provide during registration. And you agree that you are responsible for maintaining the confidentiality of any authentication credentials you use to access the Services.
Subscription, Cancel and Restart Services. By accessing Toggle’s subscription, cancellation or restart services, you authorize Toggle to contact your Subscription provider(s) as your limited agent in order to subscribe, cancel or restart, on your behalf, your subscription service with the specified provider. Toggle will provide your Subscription provider the required verification details including, but not limited to, your full name, service address, account number, payment verification, security code or other security credentials, as necessary to validate your account. If it is necessary for our agents to represent to your Subscription provider that they are the account holder, you hereby consent to such representation solely in order to fulfill your subscription, cancellation or restart request.

In performing the Services, you acknowledge and agree that Toggle will need to retrieve your personal information maintained by your Subscription providers (“Account Information”). Toggle uses a combination of human customer service agents and proprietary technology to access Account Information. Toggle makes no effort to review the Account Information for any purpose, including, but not limited to, accuracy, legality or non-infringement. Toggle denies any and all responsibility for the products and services offered by, or on, such Subscription providers. Moreover, Toggle cannot always foresee or anticipate service disruptions or technical difficulties that may result in Toggle’s attempts to access your Account Information and Toggle does not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any of your Account Information or other data.

Management of Your Personal Information. You will be providing Toggle personal and financial information (see Toggle’s Privacy Policy as available in the App and at hellotoggle.com) which may include credit card information and logins and security credentials which are necessary to access your Subscription providers. Toggle uses industry-standard security practices, including encryption, to keep your information safe. We will only hold your financial information for the time necessary to fulfill a particular subscription or restart service request, after which it will be permanently deleted.
Third-Party Links and Toggle Offers. The Toggle App may include third-party sponsored links and advertisements (“Toggle Offers”) that may be custom matched to you based on data and information about you stored in the Services (see Toggle’s Privacy Policy as available in the App and at hellotoggle.com), queries you may make through the Services, or other information. Compensation to Toggle may impact how and where Toggle Offers appear in the App.

Toggle does not endorse, warrant or guarantee the products or services available through Toggle Offers (or any other third-party products or services advertised on or linked from our App), whether or not sponsored.

PAYMENT FOR SERVICES.

Toggle Services can be accessed through a paid yearly, monthly or lifetime subscription. Any payment terms presented to you in the process of using or registering for the Service are subject to the terms and conditions of this Agreement.
Change in Fees. We reserve the right to change our pricing terms at any time but we shall send an Alert providing notice of the price change and the date that it will become effective. Pricing changes will be effective only for renewal periods beginning after the effective date of the change as communicated to you.
Free Trials and Promotions. From time to time, in its sole discretion, Toggle may offer access to the Services for a limited or extended period of time through a free trial. Your access to the Services may also begin with an initial discounted promotional period. If you are using a free trial of the Services, and you continue using such Services, you must pay all applicable fees as established by Toggle at the time. If you cancel prior to the end of the trial period and are inadvertently charged for the Services, please contact us at support@hellotoggle.com.
Alerts. If you elect to receive voluntary account-related (“push notification”) alerts through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.
Billing. We may use certain third-party payment processors such as the Apple App Store, Stripe, PayPal and others (“Payment Processor”) to bill you through a payment account linked to your account on the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to the terms of this Agreement. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By registering to use the Services, or through your use of the Services, you agree to pay us, through the Payment Processor, all charges, including any applicable taxes and fees, at the prices then in effect for the Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using your selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, Apple App Store or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Recurring Billing. Your payment terms may consist of an initial period followed by recurring period charges. By choosing a recurring payment plan, you acknowledge that there will be an initial payment followed by recurring payments, and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO YOUR APPLE APP STORE SETTINGS.
Registration Information. YOU MUST PROVIDE AND MAINTAIN CURRENT, COMPLETE AND ACCURATE REGISTRATION INFORMATION, WHICH WE USE FOR BILLING PURPOSES. YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS IN THE APP. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNLESS AND UNTIL YOU TERMINATE YOUR ACCOUNT WITH US.
Auto-Renewal and Cancellation Process. Unless you opt out of auto-renewal, which can be done through your Apple App Store settings, the payment plan that you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term you originally selected, at the then-current non-promotional fee rate. To change or cancel your payment plan at any time, go to your account settings on your App Store’s subscription settings. When you terminate the Service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY OR ANNUAL BASIS, YOU MUST CANCEL THE APPLICABLE PAYMENT PLAN THROUGH YOUR APPLE APP STORE SETTINGS OR TERMINATE YOUR TOGGLE ACCOUNT BEFORE THE END OF THE TERM. IF YOU CREATED YOUR ACCOUNT THROUGH THE APP STORE, YOU MUST CANCEL YOUR SUBSCRIPTION THROUGH THE APP STORE. PAID SERVICES CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID. TOGGLE IS NOT OBLIGATED TO REFUND (IN FULL OR ON A PRORATED BASIS) ANY FEES THAT YOU HAVE ALREADY PAID.
Resolving Charge Disputes. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to dispute, cancel, reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Toggle. Please contact us through the link on the App’s account management page, or directly by email to: support@hellotoggle.com.
Toggle Offers. Toggle may offer for sale certain products or services through the Services which are fulfilled by third parties (“Toggle Offers”). If for any reason you are not satisfied with the product or service you purchased, you should contact the third-party seller directly. Toggle does not endorse, warrant or guarantee the products or services available through Toggle Offers (or any other third-party products or services advertised on or linked from our App), whether or not sponsored.

TERMS OF USE. Your right to access and use the App and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Services for lawful purposes. You agree to provide true, accurate, current and complete information about your accounts at Subscription providers, as requested in our subscription management and setup process. You represent that you’re a legal owner of, and that you’re authorized to provide us with, all Registration and Account Information and any other information necessary to facilitate your use of the Services.

If you become aware of any unauthorized use of your Registration Information or Account Information, or if the device that you use to access the Services has been lost or stolen, you agree to notify Toggle immediately at:

Email: info@hellotoggle.com

Address: 936 SW 1st Ave #320, Miami, FL 33130

Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Toggle, in its sole discretion, may elect to take. In no event will Toggle be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime. Your sole and exclusive remedy for any failure or non-performance of the Services shall be for Toggle to use commercially reasonable efforts to adjust or repair the applicable Services.

From time to time, Toggle may include new, updated pre-release or trial-use Service features for your use where you agree to provide feedback. You understand and agree that your use of such features is voluntary and Toggle is not obligated to provide you with any such features. These features, if any, are provided on an “as is” basis, and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device.

USE WITH MOBILE DEVICES. Use of the Services will be available through a compatible mobile device that you agree to maintain as necessary. You are also responsible for all telecommunications fees as well as compliance with the terms of your agreement with your mobile device provider.

TOGGLE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE AVAILABILITY, RELIABILITY OR SECURITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER.

ONLINE AND MOBILE ALERTS. Toggle may from time to time provide you System alerts and push notifications. Both kinds of alerts will be sent either to the email address you provide or via push notification directly to your mobile device. At any time you may disable future push notifications through the iOS or Android notification settings..

System alerts may be sent to you following certain changes to your Registration or Account Information. Your receipt of push notification alerts may be customized by you.

Toggle will make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert.

TERM AND TERMINATION. This Agreement will continue until terminated by either you or Toggle as described below.

Use the following steps to terminate your legal agreement with Toggle:

Login to the Toggle App.
Select the account settings screen via the tab at the bottom-right of the screen.
Select the “Delete Account” button.
Enter any requested information to confirm your intention.
Your account will be closed and your ability to login deactivated immediately; your account data will be removed within 48 hours.

Toggle may, in its sole discretion and at any time, suspend your account and/or terminate this Agreement and your access to the Services for any reason, with or without notice. In such an event, you acknowledge and agree that Toggle may delete your Account Information and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Toggle shall not be liable to you or any third party for any suspension or termination of your access to the Services.

RIGHTS AND OBLIGATIONS OF THE PARTIES.

Rights You Grant to Toggle. By submitting your Account Information to Toggle, including data, passwords, usernames, PINs, credentials, other log-in information, and materials, you are expressly directing us to use that information, and you are licensing that information to us, for the specific purpose of providing the Services. Toggle will use and store the Account Information in accordance with this Agreement and our Privacy Policy.

You represent that you are entitled and authorized to disclose and submit the Account Information to Toggle to use for this purpose, without any obligation by Toggle to pay any fees or be subject to any restrictions or limitations, and you acknowledge that the Services will only function properly to the extent such Account Information is maintained and correct.

For purposes of this Agreement, you grant Toggle a limited power of attorney, and appoint Toggle as your attorney-in-fact and agent, to subscribe to, access and cancel third-party video streaming services, and to retrieve and use your information and viewing history and perform each thing necessary in connection with such activities, with the full power and authority to do so as you yourself could do in person.

You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. Toggle is not responsible for any payment processing errors or fees that may be owed to third-party video streaming services, or other Services-related issues, including those issues that may arise from inaccurate Account Information.
Toggle’s Intellectual Property Rights. The contents of the hellotoggle.com website and Toggle mobile application (or “App”), including their “look and feel” (e.g., text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark, and related laws. Any copying, distribution, reprint, or electronic reproduction of any such content, or any effort to reverse engineer or decompile software, in whole or in part, for any purpose, is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, any content or component of the Services in a manner that violates Toggle’s property rights or this Agreement.

Third-party trademarks, service marks, graphics and logos used in connection with the Services are the intellectual property of their respective owners and are used for identification purposes only. Use of these names, trademarks and logos does not imply a relationship with Toggle.

LIABILITY AND INDEMNIFICATION.

Limitations on Toggle’s Liability.

TOGGLE SHALL, IN NO EVENT, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED, TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF THE SERVICES, EVEN IF TOGGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TOGGLE’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
Your Indemnification of Toggle. You agree to indemnify and hold Toggle, and its officers, directors, partners, employees and shareholders harmless, from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of the terms of this Agreement. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.

THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TOGGLE, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS ") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF TOGGLE’S WEBPAGE, APP OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

NEITHER TOGGLE OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER TOGGLE OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS PROVISION MAY NOT APPLY TO YOU.

MODIFICATION OF THIS AGREEMENT. Toggle reserves the right, at any time and from time to time, in its sole discretion, to modify or discontinue, temporarily or permanently, this Agreement and the Services, with or without notice. Your use of the Services, after you are notified of any change(s), will constitute your agreement to such change(s). You agree that Toggle shall not be liable to you or to any third party for any modification, suspensions or discontinuance of this Agreement or the Services. Changes to this Agreement or the Services will be provided to you by electronic means (i.e., via email or the App or by posting the information on hellotoggle.com).

GOVERNING LAW AND FORUM FOR DISPUTES.

Applicable Law. Florida state law governs this Agreement without regard to its conflicts of laws provisions.
Agreement to Arbitrate. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THIS AGREEMENT OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claim qualifies. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules.
Equitable Relief. Notwithstanding anything to the contrary, any party to an arbitration may, at any time, seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Class Action Waiver. YOU AND TOGGLE AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Survivability. This Section shall survive expiration, termination or rescission of this Agreement.

MISCELLANEOUS.

No amendment, change, waiver, or discharge hereof shall be valid unless in writing and signed by the party against which such amendment, change, waiver or discharge is sought to be enforced.
Nothing contained in this Agreement shall be deemed to create or constitute a partnership, joint venture, or relationship of principal and agent between the parties, with the exception that Toggle will act as your limited agent for the specific purpose of performing the Services as described herein.
This Agreement (together with the Privacy Policy) contains the entire agreement between the parties.
The waiver or failure of either party to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder or thereunder.
All headings in this Agreement are inserted only for convenience and ease of reference and are not considered in the construction or interpretation of any provision of this Agreement.
If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability does not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, Toggle shall endeavor in good faith to modify this Agreement to effect the original intention as closely as possible.

APPLE REQUIRED PROVISIONS. If you downloaded the Toggle App from the Apple App Store, the following additional terms apply:

You and Toggle acknowledge that the terms of this Agreement are between you and Toggle only, and not with Apple, and that Apple is not responsible for the App or the Services.
The App and Services are licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of Apple’s App Store Terms of Service as they are applicable to the App and Services.
You will only use the App and Services in connection with an Apple device that you own or control.
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App or Services.
In the event of any failure of the App or the Services to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any.
You acknowledge and agree that Toggle, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App or the Services.
You acknowledge and agree that, in the event of any third-party claim that the Services or your possession and use of the App and Services infringes that third party’s intellectual property rights, Toggle, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
You and Toggle acknowledge and agree that, in your use of both the App and the Services, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use.
You and Toggle acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third-party beneficiary hereof.