Terms of Service

1. Overview of the Service

SongSake is a platform that creates personalized songs from personal stories and narratives you provide. The Service works as follows:

• You provide personal details, memories, names, and emotional context through our guided story wizard (the “Story Wizard”).
• We use artificial intelligence technology, including third-party AI services, to generate custom song lyrics from the story content you provide.
• We use artificial intelligence technology to generate a musical audio recording based on the generated lyrics.
• The completed song is delivered to you as a digital product, which may be shared as a personalized gift.

2. Eligibility

You must be at least eighteen (18) years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

The Service is intended for use by residents of the United States. We do not knowingly provide the Service to individuals located outside the United States. If you are located outside the United States, you use the Service at your own risk and are solely responsible for compliance with any applicable local laws.

3. Account and Access

The Service uses a guest-first architecture. You may begin the song creation process without creating an account. However, you will be required to provide authentication credentials (create an account or sign in) before completing a purchase. When you create an account, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. User Content and Story Data

4.1 Your Story Submissions

When you use the Story Wizard, you provide us with personal narratives, names, details about relationships, memories, places, emotional context, and other information (“Story Data”). You acknowledge that Story Data may include sensitive personal information about yourself and about third parties (such as the intended gift recipient).

You represent and warrant that:

• All Story Data you provide is truthful and accurate to the best of your knowledge.
• You have the right to share any personal information about third parties that you include in your Story Data, and that sharing such information does not violate any legal obligation, court order, or contractual restriction.
• Your Story Data does not contain content that is defamatory, threatening, harassing, obscene, or otherwise unlawful.
• Your Story Data does not infringe upon the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

4.2 License to Story Data

By submitting Story Data, you grant SongSake a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and transmit your Story Data solely for the purposes of: (a) generating your personalized song; (b) delivering your song and related gift materials; (c) providing customer support; and (d) improving our Service as described in our Privacy Policy. We will not sell your Story Data to third parties. We will not use your Story Data for purposes unrelated to providing the Service without your express consent.

4.3 Third-Party Personal Information

If your Story Data includes personal information about a third party (such as a gift recipient), you represent and warrant that you have a sufficient relationship with that individual and a good-faith basis for sharing their information with us for the purpose of creating a personalized gift. You agree to indemnify SongSake against any claims arising from your submission of third-party personal information without appropriate authority.

5. Generated Songs and Intellectual Property

5.1 Nature of AI-Generated Content

Songs created through the Service (“Generated Songs”) are produced using artificial intelligence. Under current United States law, the copyrightability of AI-generated content is an evolving and unsettled legal question. The U.S. Copyright Office has indicated that works generated entirely by AI without sufficient human authorship may not be eligible for copyright registration. You acknowledge this legal uncertainty.

5.2 License to Generated Songs

Subject to your compliance with these Terms and your completion of payment, SongSake grants you a non-exclusive, perpetual, non-transferable (except as provided in Section 5.3), worldwide license to use, play, share, and display your Generated Songs for personal, non-commercial purposes. This license includes the right to:

• Play the song privately or in personal, non-commercial settings (e.g., family gatherings, personal celebrations).
• Share the song digitally with the intended gift recipient and your personal network.
• Download and store copies of the song for personal use.

This license does NOT include the right to:

• Distribute, license, sell, or sublicense the Generated Song for commercial purposes.
• Use the Generated Song in any commercial product, advertisement, broadcast, or public performance for profit.
• Claim copyright ownership over the Generated Song or register it with any copyright office.
• Use the Generated Song to train or develop artificial intelligence or machine learning models.
• Remove or alter any metadata, attributions, or identifiers embedded in the song files.

5.3 Gift Recipients

When you purchase a Generated Song as a gift, you may share the song with the intended recipient. The gift recipient receives the same personal, non-commercial use rights described in Section 5.2, subject to these Terms, by virtue of receiving and accessing the song. Gift recipients are not required to create an account or affirmatively agree to these Terms to receive or listen to a song, but their continued use of any SongSake features or services constitutes acceptance of these Terms.

5.4 SongSake's Rights

SongSake retains all rights in and to the Service, including the platform, technology, design, code, user interface, algorithms, prompt engineering, genre intelligence systems, and all proprietary methods used to generate songs. Nothing in these Terms transfers ownership of SongSake's intellectual property to you.

SongSake retains the right to use aggregated, de-identified, and anonymized data derived from the Service for purposes of improving the Service, conducting internal analytics, and developing new features. Such data will not identify you or any individual.

5.5 Similarity Disclaimer

AI-generated songs may, by coincidence, contain melodic phrases, lyrical expressions, or musical elements that bear similarity to existing copyrighted works. SongSake does not intentionally reproduce copyrighted material and makes no representation that Generated Songs are free from all similarity to pre-existing works. You agree that SongSake is not liable for any unintentional similarity between a Generated Song and any existing copyrighted work.

6. Purchases, Pricing, and Payment

6.1 Pricing

The Service offers personalized songs at the following tiers: Keepsake ($19.99), Heirloom ($29.99), and Legacy ($49.99). Each tier includes different features as described on the Site at the time of purchase. All prices are in United States Dollars (USD). SongSake reserves the right to change pricing at any time, but price changes will not affect orders that have already been completed.

6.2 Payment Processing

All payments are processed through Stripe, Inc. (“Stripe”), our third-party payment processor. By making a purchase, you agree to Stripe's terms of service and privacy policy. SongSake does not directly collect, store, or process your credit card or payment card information. All payment data is handled by Stripe in accordance with Payment Card Industry Data Security Standards (PCI DSS).

6.3 Sales Tax

Applicable sales tax will be calculated and collected at checkout based on your location and applicable state and local tax laws. SongSake is responsible for remitting collected sales tax to the appropriate taxing authorities.

6.4 Refund Policy

Because Generated Songs are personalized digital goods created specifically for you, all sales are final and non-refundable once the song has been generated and delivered. However, SongSake will provide a replacement or refund at our discretion in the following circumstances:

• Technical failure: The song file is corrupted, unplayable, or was not delivered due to a system error.
• Material error: The generated song contains content that is materially inconsistent with the Story Data you provided (e.g., wrong names, completely unrelated content).
• Duplicate charge: You were charged more than once for the same order.

Refund requests must be submitted to support@songsake.com within thirty (30) days of purchase. SongSake will review each request on a case-by-case basis and respond within ten (10) business days. If your state of residence provides additional refund rights for digital goods that cannot be waived, those rights apply.

7. Referral Program

SongSake may offer a referral program that allows users to earn compensation for referring new customers. By participating in the referral program, you agree to the following:

• You will only share your referral link with individuals you have a genuine personal or professional relationship with. Mass distribution, spam, or posting referral links in a misleading context is prohibited.
• You will clearly disclose your financial interest when sharing your referral link, in compliance with FTC Endorsement Guidelines (16 CFR Part 255).
• Referral payouts are made via PayPal. You are responsible for providing accurate PayPal account information.
• Referral earnings may constitute taxable income. If your total referral earnings from SongSake equal or exceed $600 in a calendar year, SongSake will issue an IRS Form 1099-NEC.
• SongSake reserves the right to modify, suspend, or terminate the referral program at any time.
• Self-referrals, fraudulent referrals, and any attempt to manipulate the referral system will result in disqualification and forfeiture of earnings.

8. Acceptable Use

You agree not to use the Service to:

• Create songs that contain or promote hate speech, discrimination, threats, harassment, or violence against any individual or group.
• Create songs intended to defame, embarrass, humiliate, or harm the reputation of any real person.
• Submit Story Data that you know to be false for the purpose of creating misleading or harmful content about a real person.
• Submit Story Data that contains content involving the sexualization or exploitation of minors.
• Use the Service in any manner that violates applicable local, state, federal, or international law.
• Attempt to reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, prompts, or proprietary methods used by the Service.
• Interfere with or disrupt the Service or the servers and networks connected to the Service.
• Use any automated system, including bots, scrapers, or crawlers, to access or interact with the Service.
• Resell, redistribute, or commercially exploit the Service or any content generated through the Service.

SongSake reserves the right to refuse service, cancel orders, or terminate accounts at our sole discretion if we determine that a user has violated these acceptable use terms.

9. Disclaimers and Limitations of Liability

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SONGSAKE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SONGSAKE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SONGSAKE DOES NOT WARRANT THE QUALITY, ACCURACY, COMPLETENESS, OR APPROPRIATENESS OF ANY GENERATED SONG. AI-GENERATED CONTENT MAY CONTAIN ERRORS, INACCURACIES, OR UNEXPECTED OUTPUT. SONGSAKE DOES NOT GUARANTEE THAT GENERATED SONGS WILL BE FREE OF SIMILARITY TO EXISTING COPYRIGHTED WORKS.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SONGSAKE, ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

SONGSAKE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SONGSAKE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) FIFTY DOLLARS ($50.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9.3 Third-Party Service Dependencies

The Service depends on third-party services and APIs, including but not limited to AI content generation providers, AI music generation providers, Stripe (payment processing), cloud infrastructure providers, and database services. SongSake is not responsible for any failure, interruption, change, or discontinuation of these third-party services.

10. Indemnification

You agree to indemnify, defend, and hold harmless SongSake, its members, managers, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law; (d) any Story Data you submit, including any claims by third parties whose personal information you included; or (e) your participation in the referral program, including any failure to make required disclosures.

11. DMCA and Copyright Claims

SongSake respects the intellectual property rights of others. If you believe that any content available through the Service infringes your copyright, please submit a written notification to our designated DMCA agent containing the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing and information sufficient for us to locate the material.
• Your contact information, including address, telephone number, and email address.
• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

12. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at songsake.com/privacy to understand how we collect, use, store, and protect your personal information and Story Data.

13. Modifications to Terms

SongSake reserves the right to modify these Terms at any time. If we make material changes, we will provide notice by posting the updated Terms on the Site and updating the “Last Updated” date. For material changes that reduce your rights or increase your obligations, we will provide additional notice by email at least thirty (30) days before the changes take effect.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of laws principles. To the extent that arbitration does not apply, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Hennepin County, Minnesota.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact SongSake at legal@songsake.com and attempt to resolve the dispute informally for at least thirty (30) days.

15.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules.

15.3 Class Action Waiver

YOU AND SONGSAKE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION.

15.4 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights. Claims within the jurisdiction of small claims court may be brought in that court.

15.5 Opt-Out

You may opt out of the arbitration agreement and class action waiver by sending written notice to legal@songsake.com within thirty (30) days of your first use of the Service.

16. Termination

SongSake may terminate or suspend your access to the Service at any time, with or without cause, with or without notice. Upon termination, your license to use any Generated Songs that you have fully paid for shall survive.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and SongSake.

17.2 Severability

If any provision of these Terms is held to be invalid, the remaining provisions shall continue in full force and effect.

17.3 Waiver

The failure of SongSake to enforce any right or provision shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms without SongSake's prior written consent. SongSake may assign these Terms without restriction.

17.5 Force Majeure

SongSake shall not be liable for failure to perform due to circumstances beyond its reasonable control.

17.6 Notices

All notices to SongSake should be sent to:

17.7 Accessibility

SongSake is committed to making the Service accessible to all users. Contact support@songsake.com for accessibility issues.

18. Contact Information