Terms of Service and End User License Agreement
The agreement between you and Toggle Media, LLC covering accounts, your content, the beat library, scoring, and the Label Discovery Program.
Last updated: 15 September 2026
Effective: 27 August 2026 Last updated: 15 September 2026
1. Agreement
These Terms of Service and End User License Agreement (the “Terms”) are a binding agreement between you and Toggle Media, LLC, a Florida limited liability company (“Toggle Media,” “we,” “us”), which operates the Cold XVI application and website (together, the “Service”).
By creating an account, installing the application, or using the Service, you accept these Terms. If you do not accept them, do not use the Service.
These Terms incorporate by reference:
- the Cold XVI Content Standard (the “Content Standard”)
- the Privacy Policy
- the Copyright and Repeat Infringer Policy
- the Label Discovery Program — Artist Release and Participation Terms, if you opt into that program
2. Eligibility
You must be 16 years of age or older to use the Service. By using it you represent that you are.
You must be 18 years of age or older to participate in the Label Discovery Program (§12). Eligibility for that program is gated separately and is not available to users under 18 under any circumstances, including with parental consent.
We use the App Store age rating system to support these requirements, and may use platform age-assurance facilities, including Apple’s Declared Age Range API, where they are available to us. You will not misrepresent your age or circumvent age assurance.
If we learn that a user is under 16, or that a Label Discovery participant is under 18, we will remove access to the affected features and may terminate the account.
You may not use the Service if you have previously been terminated for violating these Terms.
3. The Service
Cold XVI analyzes rap vocal performances and produces a numerical assessment of technical craft (a “Score”), together with sub-scores and analytical breakdowns. The Service includes leaderboards, competitions, social features, a library of licensed instrumentals, video export, and the Label Discovery Program.
We may change, suspend, or discontinue any part of the Service at any time.
4. Accounts
You are responsible for your account credentials and for activity under your account. Provide accurate information and keep it current. Notify us at support@cold16.com of any unauthorized use.
You may delete your account at any time from within the application. Deletion removes your account and content from the Service, subject to §11 and to backups and legal-retention obligations described in the Privacy Policy.
5. Your Content
5.1 Ownership
You retain all ownership of the recordings, performances, lyrics, images, and other material you submit (“Your Content”). Nothing in these Terms transfers copyright, master rights, publishing rights, or any ownership interest in Your Content to us.
5.2 License to us
You grant Toggle Media a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, store, reproduce, modify (for formatting, excerpting, and rendering), publicly display, publicly perform, and distribute Your Content, for the following purposes only:
- (a) operating and providing the Service, including scoring, ranking, leaderboards, competitions, and video export;
- (b) displaying Your Content to other users where you have chosen to make it visible;
- (c) featuring Your Content on Toggle Media’s owned social media channels;
- (d) distributing Your Content through the Label Discovery Program, only if you have separately opted into that program; and
- (e) the analytical purposes described in §5.4.
This license ends when you delete Your Content or your account, except that (i) copies already distributed cannot be recalled, and (ii) the license survives to the extent needed for backups, legal compliance, and any Label Discovery Issue already sent.
5.3 Name, likeness, and publicity
You expressly consent, under Fla. Stat. § 540.08 and any comparable law, to our use of your name, artist name, likeness, Score, and excerpts of Your Content in connection with the purposes in §5.2, including to promote the Service itself.
You may revoke this consent prospectively by writing to legal@cold16.com. Revocation does not reach material already published or distributed.
5.4 Analysis and model improvement
You grant us the right to analyze Your Content, and to use it and data derived from it to develop, train, evaluate, and improve the scoring engine and other Service features, including machine learning models.
We do not sell Your Content, and we do not license Your Content to third parties for their own model training.
5.5 Your warranties
You represent and warrant that:
- (a) you own or control all rights necessary to grant the licenses in §5.2 and §5.4, including rights in any underlying instrumental, beat, sample, interpolation, or featured performance;
- (b) if you used a licensed or leased instrumental, your license permits the uses described in these Terms — including hosting, public display, and export;
- (c) Your Content does not infringe any copyright, trademark, right of publicity, or other right of any third party;
- (d) Your Content complies with the Content Standard; and
- (e) you are not subject to any exclusive agreement that prohibits your use of the Service, or you have obtained any required consent.
You are solely responsible for clearing the rights in any instrumental you bring to the Service. We do not clear rights on your behalf and do not verify chain of title.
6. The Cold XVI Beat Library
6.1 License to you
Instrumentals supplied by Cold XVI (the “Library”) are made available under Creative Commons Attribution licenses. We grant you a non-exclusive license to use Library instrumentals in recordings you create on the Service, subject to this section.
6.2 Attribution is a condition, not a courtesy
Attribution to the producer is a condition of the underlying Creative Commons license. If attribution is removed or obscured, the license terminates automatically.
Accordingly, you agree that:
- (a) you will not remove, obscure, alter, crop, or overlay producer attribution on any recording, video, or export that includes a Library instrumental;
- (b) attribution we composite into an exported video must remain intact in any copy you distribute; and
- (c) where you post, upload, or share such an export elsewhere, you will not present it in a way that strips the attribution.
Certain Library instrumentals are licensed under Creative Commons Attribution 3.0, which contains no cure provision. Under those licenses a breach terminates your rights permanently, and reinstatement requires the express permission of the producer. Treat the credit as load-bearing.
6.3 Non-exclusive
Library instrumentals are non-exclusive and are available to other users and to the public. A recording made over a Library instrumental cannot be exclusively licensed by you or by anyone else, and the producer’s attribution remains attached to it permanently — including after you delete your account.
6.4 Modification
Where we have trimmed, looped, pitched, or otherwise altered a Library instrumental, this is indicated in the attribution. You may not represent an altered instrumental as the producer’s original.
7. Content Standard
Your use of the Service is governed by the Cold XVI Content Standard, incorporated here in full.
In summary, and without limiting the Content Standard:
7.1 You will not submit content that inflicts real harm on a real, identifiable person, including: content that names and derides actual victims of violence; content exposing a real person’s private information or location; credible threats against or incitement to real violence toward identifiable people; and harassment of a user who has not engaged you — including continuing to target a user after they have blocked or declined, or attacking a user’s real identity, family, employment, location, or private life.
7.2 Competitive disrespect directed at another user’s bars, persona, or standing as a rapper is not a violation. Rap is a combat art and we do not referee it.
7.3 You will not, under any circumstances, submit content constituting child sexual abuse material, content that is otherwise unlawful, or content the Service is prohibited from hosting by its operating requirements. These prohibitions admit no exception.
7.4 There is zero tolerance for objectionable content or abusive users. We may remove content and terminate accounts for violations, without notice and at our discretion.
7.5 A Score reflects a measurement of technical craft. It is not an endorsement by Toggle Media of any conduct depicted in scored content.
8. Prohibited conduct
You will not:
- scrape, harvest, or bulk-download content, Scores, or user data
- use the Service or its outputs to train, fine-tune, or evaluate any machine learning system other than our own
- reverse engineer the scoring engine, or attempt to manipulate Scores through means other than performance
- submit content you did not perform, or misrepresent authorship
- operate multiple accounts to manipulate rankings or competitions
- interfere with the Service’s operation or security
- use the Service for any unlawful purpose
9. Scores are opinion
A Score is Toggle Media’s subjective analytical assessment of technical craft, generated by proprietary methodology. Scores are opinions, not statements of fact, and are not warranted to be accurate, objective, complete, or fit for any purpose.
We may change scoring methodology at any time. Scores may be recalculated, and historical Scores may change. No Score confers any right, entitlement, status, or expectation.
10. Copyright and repeat infringers
We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act.
Send notices to our designated agent:
Copyright Agent, Toggle Media, LLC
4800 N Federal Hwy, Ste B200
Boca Raton, FL 33431
United States
Telephone: 786-348-2689
Email: legal@cold16.com
A valid notice must contain the elements required by 17 U.S.C. § 512(c)(3). If you believe your content was removed in error, you may submit a counter-notice.
We have adopted and will reasonably implement a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers. Details are in the Copyright and Repeat Infringer Policy.
11. Moderation, suspension, and termination
We may remove content, and suspend or terminate accounts, that violate these Terms, the Content Standard, or applicable law — with or without notice.
Content removal is effected across the Service. We cannot recall exports, shares, or distributions already made by you or by third parties.
You may terminate by deleting your account (§4). Sections 5.2 (as limited), 5.5, 9, 13, 14, 15, 16, and 20 survive termination.
12. Label Discovery Program
The Label Discovery Program is available only to users aged 18 or older. There is no parental-consent path and no exception.
If you meet the eligibility criteria and choose to opt in, the Label Discovery Program is governed by the separate Artist Release and Participation Terms. The following applies regardless:
12.1 We do not represent you. Toggle Media is not your agent, manager, attorney, or representative, and does not act on your behalf in any capacity.
12.2 We do not procure engagements. Toggle Media does not procure, offer, promise, attempt to procure, or negotiate employment or engagements for artists, and does not hold itself out as a talent agency or talent agent within the meaning of Fla. Stat. § 468.401 et seq. or any comparable law. The Label Discovery Program is a curated publication.
12.3 We take nothing. Toggle Media receives no compensation, commission, finder’s fee, percentage, registration fee, or other consideration — from you, from any recipient of the publication, or from any third party — in connection with your participation or with any agreement you may enter into.
12.4 It cannot be bought. Participation in the Label Discovery Program is not available for purchase, is not a feature or benefit of any paid subscription, and no payment of any kind affects eligibility or selection.
12.5 No guarantee. We make no promise that anyone will contact you, listen to your submission, or offer you anything.
12.6 Get your own lawyer. Any agreement between you and a label or other third party is solely between you and them. We strongly recommend you retain independent counsel before signing anything.
13. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, secure, or error-free, that Scores will be accurate, or that content submitted by other users is lawful or non-infringing.
We do not clear rights in user-submitted content and make no representation that any user holds the rights they claim.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOGGLE MEDIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, OR LOSS OF GOODWILL, ARISING FROM OR RELATING TO THE SERVICE.
OUR AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow certain limitations; in those jurisdictions our liability is limited to the maximum extent permitted.
15. Indemnification
You will indemnify, defend, and hold harmless Toggle Media and its officers, members, employees, and agents from any claim, demand, loss, liability, or expense (including reasonable attorneys’ fees) arising from: (a) Your Content; (b) your breach of §5.5, §6, or §7; (c) your use of the Service; or (d) your violation of any law or third-party right.
16. Payments and subscriptions
Cold XVI offers a free tier with daily take credits and an optional paid subscription called Cold XVI Unlimited. The features and price offered to you are shown in the App before purchase and may change.
Subscriptions are purchased through the Apple App Store. Apple handles billing, renewal, cancellation, and refunds. You can manage or cancel your subscription through your App Store account.
No paid tier includes, references, or affects the Label Discovery Program (§12.4).
17. Changes to these Terms
We may modify these Terms. Material changes will be notified in-app or by email, and take effect on the date stated. Continued use after that date constitutes acceptance. If you do not agree, delete your account.
18. Governing law
These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles.
19. Dispute resolution
19.1 Any dispute arising from or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, in Palm Beach County, Florida, or by telephone, video, or documents-only submission at your election. The AAA’s rules and fee schedules are available at adr.org.
19.2 Class action waiver. You and Toggle Media each waive any right to bring or participate in a class, collective, or representative action.
19.3 Jury waiver. You and Toggle Media each waive any right to a jury trial.
19.4 Small claims. Either party may bring an individual claim in small claims court.
19.5 Opt out. You may opt out of §19.1–19.3 by writing to legal@cold16.com within 30 days of first accepting these Terms. Opting out does not affect any other provision.
20. Apple-specific terms
This section applies to the Cold XVI application obtained from the Apple App Store and is required by Apple. In the event of conflict, this section controls as to Apple.
20.1 Acknowledgment. These Terms are between you and Toggle Media only, not with Apple. Toggle Media, not Apple, is solely responsible for the application and its content.
20.2 Scope of license. Your license to use the application is a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
20.3 Maintenance and support. Toggle Media is solely responsible for maintenance and support. Apple has no obligation to furnish any maintenance or support services.
20.4 Warranty. Toggle Media is solely responsible for any product warranties, express or implied, to the extent not effectively disclaimed. In the event of any failure of the application to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the application to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Toggle Media’s sole responsibility.
20.5 Product claims. Toggle Media, not Apple, is responsible for addressing any claims by you or any third party relating to the application or your possession or use of it, including: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
20.6 Intellectual property claims. In the event of any third-party claim that the application or your possession and use of it infringes that third party’s intellectual property rights, Toggle Media, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.
20.7 Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
20.8 Developer contact. Questions, complaints, or claims relating to the application should be directed to: Toggle Media, LLC — support@cold16.com
20.9 Third-party terms. You must comply with applicable third-party terms of agreement when using the application.
20.10 Third-party beneficiary. You and Toggle Media acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
21. General
21.1 Severability. If any provision is held unenforceable, the remainder stays in effect.
21.2 No waiver. Failure to enforce any provision is not a waiver of it.
21.3 Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
21.4 Entire agreement. These Terms, together with the documents incorporated in §1, are the entire agreement between you and Toggle Media regarding the Service.
21.5 Contact. Toggle Media, LLC support@cold16.com — general and account safety@cold16.com — reports, takedowns, appeals legal@cold16.com — legal and copyright
By creating an account or using the Service, you acknowledge that you have read and agree to these Terms.