Terms and Conditions

Last Updated: 2024-07-29

Introduction

Welcome to SongSurprise. These Terms and Conditions (“Terms”) govern your use of our website and mobile application (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services.

Definitions

“You” refers to the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.

“We,” “Us” and “Our” refers to SongSurprise.

Account Registration

You may be required to register an account to access certain features of our Services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Service Description

SongSurprise provides AI-generated personalized songs for special occasions. For a fee of €2, you can create a unique song based on your preferences and specifications.

User Responsibilities

You are responsible for:
a) Maintaining the confidentiality of your account and password
b) Restricting access to your computer or mobile device
c) Assuming responsibility for all activities that occur under your account

Intellectual Property

Upon payment and delivery of your personalized song, you receive full rights to use the song. This includes the right to use the song on platforms like Spotify, YouTube, or in any commercial use. We retain no rights to the songs after they are delivered to you.

Payment

All payments are processed through secure third-party payment processors. By making a purchase, you agree to provide current, complete, and accurate purchase and account information.

Refund Policy

Due to the personalized nature of our service, we do not offer refunds once the song creation process has begun. If you encounter any issues with your song, please contact our customer support.

Prohibited Uses

You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall SongSurprise be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Services.

Disclaimer

The Services are provided on an AS IS and AS AVAILABLE basis. SongSurprise expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Kingdom of the Netherlands, without regard to its conflict of law provisions.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect.

Termination

We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Copyright Policy

We respect the intellectual property rights of others. If you believe that any content available on or through our Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below.

User-Generated Content

You retain any and all of your rights to any content you submit, post or display on or through the Services and you are responsible for protecting those rights.

Contact Us

If you have any questions about these Terms, please contact us at hello@songsurprise.com

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and SongSurprise regarding your use of the Services and supersede all prior agreements and understandings, whether written or oral, regarding the subject matter of these Terms.