1. Acceptance of Terms
By accessing and using HeartMelody's services ("Service"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our Service. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any modifications.
2. Service Description
Heart creates custom, personalized songs based on the information you provide through our song builder. Each song is unique and crafted specifically for your order. The final song reflects the details, memories, and preferences you share with us.
You acknowledge that creative interpretation is part of our process, and while we strive to capture your vision, the final output may vary based on artistic and technical considerations.
3. Free Preview and Payment
We offer a complimentary song preview at no cost and with no obligation. You can experience a preview of your custom song before making any payment decision. By using our Service:
You will never be charged without your explicit consent
The preview is provided free of charge with no payment information required
Payment is only required if you choose to unlock and download the full song
All prices are displayed in USD
Payments are processed securely through Stripe
4. Delivery and Access
Songs are typically delivered within 24 hours via a private, secure link sent to your email address. Delivery times may vary based on order volume. Upon payment, you will receive:
A private link to stream your custom song
The ability to download your song as an audio file
Permanent access for personal use
5. Download and Ownership
IMPORTANT: By downloading your song file, you acknowledge receipt of the digital product and accept delivery of the Service. Once downloaded:
The digital content is considered fully delivered and accepted
You take ownership of the song for personal, non-commercial use
Refund eligibility is forfeited as digital products cannot be "returned"
Any concerns or revision requests must be made BEFORE downloading
We maintain records of all downloads with timestamps for verification purposes.
6. Intellectual Property and License
Upon full payment and delivery, you receive a perpetual, non-exclusive, non-transferable license to use your custom song for:
Personal enjoyment and private listening
Sharing with friends and family
Personal social media posts (non-monetized)
Personal events such as weddings, birthdays, and celebrations
Commercial use is strictly prohibited without a separate commercial license agreement. This includes but is not limited to: advertising, monetized content, resale, public broadcasting, or any profit-generating activity. Heartmeldoy retains ownership of the underlying composition and may use anonymized songs for promotional purposes unless you explicitly opt out in writing.
7. 24-Hour Satisfaction Guarantee
We want you to love your song. If you're not completely satisfied:
Contact us within 24 hours of receiving your song at sarah@heartmelodystudio.com
We will work with you to create a revised version at no additional cost
In rare cases where we cannot meet your needs, a refund may be issued at our sole discretion
This guarantee is void once the song has been downloaded
Requests made after 24 hours or after downloading are not eligible for refunds. See our full Refund Policy for details.
8. Prohibited Content
We reserve the right to refuse or cancel any order that requests content that is:
Sexually explicit or pornographic
Hateful, discriminatory, or promotes violence
Defamatory or harassing toward any individual
Infringing on third-party intellectual property rights
Otherwise illegal or harmful
Orders cancelled for prohibited content will not be refunded.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEARTMELODY AND ITS OWNERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR:
Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, data, or goodwill
Any damages exceeding the amount paid for the specific order in question
Technical failures, delays, or interruptions in service
Subjective dissatisfaction with creative output that meets the specifications provided
Our Service is provided "as is" without warranties of any kind, express or implied. We do not warrant that the Service will meet your specific expectations or be error-free.
10. Chargebacks and Disputes
If you initiate a chargeback or payment dispute after receiving your song, we reserve the right to:
Provide evidence of delivery and download to your payment provider
Terminate your access to all HeartMelody services
Pursue collection of the disputed amount plus any fees incurred
Report fraudulent chargebacks to relevant fraud prevention services
We encourage you to contact us directly at sarah@heartmelodystudio.com to resolve any issues before initiating a dispute with your bank.
11. Indemnification
You agree to indemnify, defend, and hold harmless HeartMelody and its owners, employees, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights.
12. Technology and Production
Our song creation process may utilize various technologies and tools, which may include artificial intelligence and machine learning systems, to assist in producing your custom song. By using our Service, you acknowledge and accept that technology-assisted methods may be employed as part of our creative process.
13. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with applicable law. Any disputes arising from these Terms or your use of the Service shall be resolved through good-faith negotiation. If a dispute cannot be resolved amicably, it shall be submitted to binding arbitration or the appropriate courts, as determined by the nature of the claim.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
15. Contact
For questions about these Terms of Service, please contact us at sarah@heartmelodystudio.com.