Terms and Conditions
1. Acceptance of Terms
By accessing or using our website and services (the “Service”), including ordering custom songs created with AI assistance, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, you may not use the Service.
2. The Service and Definitions
The Song Present provides users the ability to order customized songs created with the assistance of artificial intelligence (each a “Custom Song”) based on information and preferences you submit (e.g., names, occasions, style, mood, themes, references). For clarity, “AI” describes the production method used as a tool and does not change the ownership, licensing, or restrictions in these Terms. We may update, modify, or discontinue any part of the Service at any time.
3. Eligibility
You must be at least 18 years old (or the age of legal majority in your jurisdiction) to place an order. By using the Service, you represent and warrant that you meet this requirement.
4. Orders, Inputs, and Your Responsibilities
When placing an order, you may provide prompts, personal details, instructions, and other content (“User Inputs”). You agree that: • You have the right to provide your User Inputs and they do not violate any law or third-party rights. • You will not submit content that is unlawful, defamatory, harassing, hateful, or that infringes intellectual property rights. • You will not request content intended to mislead others (e.g., impersonation) or that violates applicable law. We may refuse, pause, or cancel orders that we believe violate these Terms.
5. Intellectual Property, Ownership, and Licensing
5.1 Ownership All Custom Songs created through the Service, including the composition, lyrics (where applicable), arrangement, audio recording, and any associated deliverables (collectively, “Deliverables”), are owned exclusively by The Song Present. You do not acquire ownership of any Custom Song or Deliverable. 5.2 Personal-Use License (Non-Commercial) Subject to your compliance with these Terms and payment of applicable fees, The Song Present grants you a limited, non-exclusive, non-transferable, revocable license to use the Deliverables solely for personal, non-commercial purposes. 5.3 Commercial Use Prohibited Commercial use is strictly prohibited unless you have a separate written agreement with The Song Present. Commercial use includes (without limitation): • Monetized uploads on platforms (e.g., YouTube monetization, Spotify/Apple Music distribution, paid downloads) • Use in ads, sponsorships, brand promotions, or business marketing • Public performance for profit • Resale, sublicensing, or redistribution for commercial gain • Use in films, games, apps, or products that are sold or monetized If you want commercial usage rights, contact us at [email protected] to discuss a separate written agreement. 5.4 Additional Restrictions Unless explicitly permitted in writing by The Song Present, you may not: • Claim authorship or ownership of the Deliverables • Register the Deliverables with collecting societies, Content ID systems, or similar rights-management services • Remove branding, watermarks, metadata, or notices (if present) • Use the Deliverables in a way that implies endorsement by The Song Present
6. Premium Tools and Rights to Distribute
We use premium third-party tools and services to generate and produce Custom Songs. These premium tools provide us with commercial rights to distribute the resulting songs in accordance with their applicable licensing terms. If you have any legal questions, claims, or concerns related to rights, licensing, distribution, or content, you agree to contact us immediately at [email protected]. We are open to collaborate in good faith to resolve concerns promptly, including providing relevant documentation where appropriate.
7. Similarity and Uniqueness
Because AI-assisted generation can produce results that may be similar to other outputs, you acknowledge that: • Your Custom Song may not be completely unique. • Similar or identical themes, melodies, lyrics, or stylistic elements may appear in content created for other users or elsewhere. • We do not guarantee that Deliverables will be free from similarity to third-party works.
8. Delivery, Revisions, and Satisfaction
8.1 Delivery Delivery timelines are estimates and may vary depending on demand, complexity, and technical constraints. 8.2 Revisions Your purchase includes up to 1 revision(s) based on the original request. Revisions beyond this may incur extra fees. Revisions cannot include requests for prohibited content or commercial licensing unless agreed separately in writing.
9. Pricing, Payments, and Taxes
Prices are shown at checkout. Payment must be made in full before delivery unless stated otherwise. You are responsible for any applicable taxes, duties, or fees imposed by your jurisdiction.
10. Refund Policy
Because Deliverables are custom-made to your specifications, all sales are final and refunds are generally not available once production begins or once Deliverables are provided. We may provide a refund or partial refund at our discretion in cases such as: • Non-delivery due to our fault, and we cannot reasonably remedy it • Duplicate charges or payment errors • Other exceptional circumstances For support, contact [email protected] with your order details.
11. Prohibited Uses
You agree not to use the Service or Deliverables: • For commercial purposes without a separate written license from The Song Present • To violate any law or regulation • To infringe third-party rights (copyright, trademark, privacy, publicity rights) • To generate or share content that is abusive, hateful, or exploitative
12. Personal Data and Permission to Process
By using the Service and submitting any User Inputs (including names, messages, dates, photos, voice notes, or other personal information), you authorize The Song Present to collect, store, use, and process such information as necessary to: • create, produce, and deliver your Custom Song and related Deliverables • provide customer support and handle revisions • prevent fraud, misuse, and abuse of the Service • comply with legal obligations and enforce these Terms • improve and maintain the Service (including quality, safety, and performance) Where required by applicable law, you explicitly consent to such processing. You confirm that you have the right to provide any personal data you submit (including data about other individuals) and, where necessary, that you have obtained their permission. You also grant The Song Present a worldwide, royalty-free, transferable right to use your User Inputs solely for the purposes of operating, providing, and improving the Service, subject to applicable law. We do not acquire ownership of your personal data. We use it only as described in these Terms and our Privacy Policy, and we handle it in accordance with applicable data protection laws.
13. Disclaimer of Warranties
The Service and Deliverables are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, The Song Present disclaims all warranties, express or implied, including fitness for a particular purpose, merchantability, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that Deliverables will meet all expectations.
14. Limitation of Liability
To the fullest extent permitted by law: • The Song Present will not be liable for indirect, incidental, special, consequential, or punitive damages. • Our total liability for any claim related to the Service or Deliverables will not exceed the amount you paid to The Song Present for the relevant order. Some jurisdictions do not allow certain limitations; in that case, the limitation applies to the maximum extent permitted by law.
15. Indemnification
You agree to defend, indemnify, and hold harmless The Song Present from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising from: • Your User Inputs • Your misuse of the Service or Deliverables • Your violation of these Terms or any law or third-party rights
16. Privacy Policy
Your use of the Service is also governed by our Privacy Policy. By using the Service, you acknowledge that we process personal data as described in these Terms and the Privacy Policy.
17. Termination
We may suspend or terminate your access to the Service at any time if we believe you have violated these Terms. Sections intended to survive termination (including ownership, restrictions, disclaimers, limitations of liability, and indemnity) will survive.
18. Changes to These Terms
We may update these Terms from time to time. The “Effective date” will reflect the latest version. Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.
19. Contact
For support, legal matters, or rights/licensing concerns, contact: [email protected]