Terms and Conditions

1. Scope of Application

These Terms and Conditions (T&C) govern the contractual relationship between the operator of this website (hereinafter referred to as the "Provider") and the users of the platform (hereinafter referred to as the "Customer").

By accessing or using the website, or by placing an order, the Customer expressly agrees to these Terms and Conditions.

2. Description of Services

The Provider offers customers the ability to create personalized songs (e.g., for birthdays, weddings, or other occasions) using artificial intelligence (AI) technology .

The song is automatically generated based on the information provided by the Customer and can be downloaded after completion.

There is no entitlement to any specific content, quality, voice, musical style, or artistic characteristics.

3. AI-Generated Content

• All songs are generated automatically through third-party AI systems.
• The Provider has no influence over the AI's creative process, output, or the resulting text, lyrics, voice, or music.
• Generated songs may vary in content, quality, or style.
• The Provider assumes no liability or guarantee for the accuracy, suitability, originality, or legality of any AI-generated material.

4. Copyright and Usage Rights

The Customer receives a non-exclusive, non-transferable, perpetual license to use the generated song for private, non-commercial purposes (e.g., as a personal gift or for social media sharing).

Commercial use (such as resale, public performance, streaming monetization, or advertising) requires prior written consent from the Provider.

All rights to the platform, software, and underlying technology remain with the Provider.

AI-generated works may be influenced by third-party data. Any copyright claims by third parties are to be asserted directly against the respective AI provider, not the Provider of this website.

5. Disclaimer of Liability

• The Provider is not responsible for the input, content, or output generated by the Customer or by the AI.
• The Provider shall not be liable for any direct, indirect, incidental, or consequential damages, loss of profits, or data loss arising from the use of the website or generated content.
• The Provider does not guarantee uninterrupted access, error-free operation, or permanent availability of the platform.
• The Provider assumes no responsibility for failures or disruptions caused by third-party systems (e.g., AI providers, payment providers, hosting, download servers).

6. No Returns, Refunds, or Warranties

As the generated songs are customized digital products, there is no right of withdrawal, refund, or exchange.

Refunds are excluded under all circumstances, including dissatisfaction with the song's content or quality.

7. Customer Obligations

The Customer agrees to:

• Refrain from entering illegal, offensive, racist, or discriminatory content,
• Avoid infringing on the rights of third parties (e.g., copyright, personality rights),
• Use the generated songs only within the permitted scope of use.

The Provider reserves the right to suspend access or take legal action in case of violations.

8. Data Protection

Personal data is processed in accordance with applicable Swiss and international data protection laws.

Customer data may be transferred to third-party service providers (e.g., AI providers, payment processors, hosting services) to provide the service.

No personal data will be sold or used for other purposes unless required by law.

9. Prices and Payment

• All prices are final and displayed in the applicable currency.
• Payment is processed via integrated payment providers (e.g., Stripe).
• Access to the generated song is only granted after successful payment.
• Failed or reversed payments will immediately revoke download access.

10. Technical Requirements

The Customer is solely responsible for ensuring a stable internet connection, compatible devices, and sufficient storage capacity for downloading songs.

The Provider is not liable for download or playback issues on the Customer's device.

11. Changes to the Service or Terms

The Provider reserves the right to modify the website, pricing, or these Terms and Conditions at any time without prior notice.

The version of the Terms and Conditions in effect at the time of the order shall apply.

12. Governing Law and Jurisdiction

These Terms and Conditions are governed exclusively by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for all disputes is Zürich, Switzerland, unless mandatory law provides otherwise.

13. Severability Clause

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

The invalid provision shall be replaced by a legally valid one that most closely reflects the economic purpose of the original.