Terms of Service | PersonalSongGifts

1. Agreement to Terms

By accessing or using Personal Song Gifts ("Service," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you do not have permission to access the Service.

These Terms constitute a legally binding agreement between you and Personal Song Gifts. Please read them carefully before using our Service.

2. Description of Service

Personal Song Gifts provides personalized song creation services. We create custom songs based on information, memories, and stories you provide, generating lyrics and music in various musical styles and eras.

Our Service involves:

Lyric Generation: Transforming your stories and memories into personalized song lyrics
Music Generation: Creating original music and vocals based on the generated lyrics
Digital Delivery: Delivering your completed song via email with a link to stream your audio

3. Eligibility

To use our Service, you must:

Be at least 18 years of age or the age of majority in your jurisdiction
Have the legal capacity to enter into a binding contract
Not be prohibited from using the Service under applicable laws
Have the authority to share any personal information about third parties mentioned in your song requests

By using the Service, you represent and warrant that you meet all eligibility requirements.

4. Use of Service

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

Use the Service in any way that violates any applicable law or regulation
Submit content that is defamatory, obscene, threatening, or infringes on the rights of others
Submit false or misleading information about yourself or others
Attempt to interfere with the proper functioning of the Service
Use the Service to create content that promotes hate, violence, discrimination, or illegal activities
Attempt to reverse engineer, decompile, or extract the underlying technology
Use automated systems or bots to access the Service
Resell, redistribute, or commercially exploit the Service without our consent
Circumvent or attempt to circumvent any security features or access restrictions

5. User Content and Submissions

When you submit memories, stories, names, or other content ("User Content") to create your custom song, you:

Retain ownership of your original User Content
Grant us a worldwide, non-exclusive, royalty-free license to use, process, and transform your User Content solely for the purpose of creating your custom song
Represent and warrant that you have the right to share any information about individuals mentioned in your content
Acknowledge that your User Content will be processed by third-party services to generate lyrics
Understand that generated output may not exactly match your expectations or intentions

You are solely responsible for the accuracy and appropriateness of the User Content you submit. We reserve the right to refuse to process any submission that we determine, in our sole discretion, violates these Terms or is otherwise inappropriate.

6. Generated Content Disclaimer

Personal Song Gifts creates personalized songs using advanced technology and proprietary workflows. By using our Service, you acknowledge and agree to the following:

Nature of Generated Content

Lyrics are generated based on the information you provide
Music, melodies, and vocals are generated based on the lyrics
Generated content may contain imperfections, unexpected interpretations, or creative choices that differ from your expectations

Limitations of Technology

Technology cannot perfectly interpret emotional nuances or personal context
Generated lyrics may not capture every detail of your story exactly as you envisioned
Musical style, tempo, and vocal delivery may vary from expectations
Names and specific words may occasionally be pronounced differently than expected
Creative choices may differ from what a human songwriter would make

No Guarantee of Specific Output

We cannot guarantee that the generated song will match your exact expectations. The creative output is inherently subjective, and while we strive for quality, there are inherent limitations. Content safety filters may modify or reject certain content.

7. Love-It Guarantee

We want you to genuinely love your personalized song. Our Love-It Guarantee has two parts:

Unlimited free revisions until you're happy with your song, at no additional cost.
Full refund on request within fourteen (14) days of delivery if you are still not satisfied. Refunds are returned to the original payment method.

How to use it

For a revision or refund, email support@personalsonggifts.com with your order number.
Revisions are typically delivered within 24 hours and can be requested unlimited times.
Refund requests must be submitted within 14 days of the delivery email. Approved refunds are processed within 5–10 business days to the original payment method.
After the 14-day window the sale is final, but we will still happily continue to revise your song for free.

Limits

Revisions are for improving your original song request; they are not for producing an entirely different song (different recipient, different occasion, different story).
Voluntary tips are non-refundable.
We reserve the right to decline refund requests in cases of evident abuse or fraud, such as repeat refund-and-reorder patterns or purchases made in bad faith.

8. Payment Terms

All payments are processed securely through a third-party payment processor. By making a purchase, you agree to the following:

Prices are displayed at checkout in your selected currency and are subject to change without notice
You authorize us to charge the payment method you provide for the total amount of your order
You are responsible for any applicable taxes
Payment must be completed before song generation begins
Rush delivery and other add-ons are optional and priced separately

We do not store your payment card information. All payment data is handled directly by our payment processor in accordance with PCI-DSS standards.

9. Refund Policy

The Love-It Guarantee (Section 7) is our primary refund policy: a full refund on request within fourteen (14) days of delivery if you are not satisfied with your song.

Refunds Outside the 14-Day Window

After 14 days, refunds are limited to:

Technical failure: If we are unable to generate or deliver your song due to a technical issue on our end that we cannot resolve
Duplicate charges: If you were incorrectly charged multiple times for the same order

To request a refund under these limited exceptions, contact support@personalsonggifts.com with your order details and reason for the request. All refund decisions are at our sole discretion.

10. Intellectual Property Rights

Ownership of Your Custom Song

Upon successful payment, you receive a personal, non-exclusive, non-transferable license to use your custom song for:

Personal, non-commercial use
Sharing with family and friends
Playing at private events (weddings, birthdays, anniversaries, etc.)
Personal, non-commercial playing at church services, funerals, memorial services and family events
Personal archiving and keepsakes
Posting on personal social media accounts (non-monetized)

Restrictions

You may NOT:

Sell, license, or commercially distribute your song
Use the song in commercial advertising or promotional materials
Submit the song to music streaming platforms (Spotify, Apple Music, etc.) for commercial distribution
Claim copyright ownership of the underlying musical composition or generated elements
Use the song in any way that competes with Personal Song Gifts

Personal Song Gifts Retains

The right to use anonymized versions or excerpts for promotional purposes (without identifying you or the song recipient)
Ownership of the Personal Song Gifts platform, interface, proprietary workflows, and the compilation of technologies used to provide the Service
The right to create similar songs for other customers using similar styles or themes

Commercial Licensing

If you wish to use your song for commercial purposes (advertising, film, commercial streaming distribution), please contact us at support@personalsonggifts.com for separate licensing arrangements.

11. Rush Delivery

Rush (Express) delivery is an optional add-on that prioritizes your order in our processing queue. Standard delivery arrives within about 24 hours; Express delivery targets about 1 hour. Delivery windows are estimates, not guarantees. If an Express order does not arrive meaningfully faster than a standard order would have, the Express fee is refundable on request — contact support@personalsonggifts.com.

12. Service Availability

We strive to maintain consistent availability of our Service, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

Scheduled or emergency maintenance
Technical issues with our systems or third-party providers
Circumstances beyond our reasonable control

We are not liable for any loss or damage resulting from Service unavailability.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Implied warranties of merchantability
Fitness for a particular purpose
Non-infringement
Accuracy, reliability, or completeness of content

We do not warrant that the Service will be uninterrupted, secure, or error-free. Generated content may contain imperfections, errors, or may not perfectly capture your intended message. We make no guarantees regarding the quality, accuracy, or suitability of any generated content.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Exclusion of Damages

Personal Song Gifts, its officers, directors, employees, agents, and affiliates shall not be liable for any:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, use, goodwill, or other intangible losses
Damages resulting from your use or inability to use the Service
Damages resulting from any content generated by our systems
Damages resulting from unauthorized access to your data
Damages resulting from third-party conduct on the Service

Maximum Liability

In no event shall our total liability to you for all claims arising from or related to the Service exceed the amount you paid to Personal Song Gifts in the twelve (12) months preceding the claim, or fifty US dollars ($50), whichever is greater.

Acknowledgment

You acknowledge that: (a) generated creative content is inherently unpredictable; (b) subjective disappointment with creative output is not grounds for damages; and (c) the limitations in this section are fundamental to our ability to offer the Service at its current price point.

15. Indemnification

You agree to indemnify, defend, and hold harmless Personal Song Gifts and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property or privacy rights; (d) any content you submit to the Service, including personal stories and information about third parties; or (e) your misrepresentation that you have the right to share information about individuals mentioned in your song requests.

16. Dispute Resolution

Informal Resolution

Before filing any formal legal claim, you agree to contact us at support@personalsonggifts.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within thirty (30) days.

Binding Arbitration

If we cannot resolve the dispute informally, you and Personal Song Gifts agree to resolve any disputes through binding arbitration rather than in court, except that either party may bring claims in small claims court if eligible. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association.

Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST PERSONAL SONG GIFTS.

Opt-Out

You may opt out of the arbitration agreement by sending written notice to support@personalsonggifts.com within thirty (30) days of first using the Service. If you opt out, the Governing Law section will apply to disputes.

17. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

Violation of these Terms
Fraudulent or illegal activity
Abusive behavior toward our staff or systems
Requests to discontinue service

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

18. International Users

Personal Song Gifts is operated from the United States. If you access the Service from outside the United States:

You are responsible for compliance with local laws
You consent to the transfer of your data to the United States for processing
You acknowledge that consumer protection laws in your jurisdiction may differ from US law
Pricing is displayed in your local currency where available, but all transactions are processed through our payment provider

If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, please see our Privacy Policy for information about your rights under GDPR. If you are a California resident, please see our Privacy Policy for information about your rights under the CCPA.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

20. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by updating the "Last updated" date at the top of this page and, in some cases, by sending you an email notification. Your continued use of the Service after any changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you should discontinue use of the Service.

21. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles. Subject to the arbitration provisions above, you agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware for resolution of any disputes not subject to arbitration.

22. Contact Us

If you have any questions about these Terms of Service, please contact us:

Email: support@personalsonggifts.com