Terms of Service

SongGem is an online platform that lets you create personalized songs for yourself or your loved ones. Whether you want a heartfelt ballad or an energetic pop tune, you can order customized songs by providing specific instructions, personalization details, and choosing your preferred music style.

These Terms of Service ("Terms") form a legal agreement between you and SongGem, including its subsidiaries and affiliates.

Please read these Terms carefully before using SongGem.com, as they explain your rights, any warranty disclaimers, and limitations of liability. By placing an order or using the service, you agree to follow these Terms along with our Privacy Policy. If you disagree with either, you should not use our services.

SongGem may update these Terms from time to time and may notify you of changes, although this is not guaranteed.

Section 1 - Age Requirements and Eligibility

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country, state, or province. If you have minor dependents, you also agree to allow them to use our services only on devices you own, purchase, or manage. Users under 18 may use our services only with explicit parental or guardian consent and supervision. When placing an order for someone under 18, you confirm that you have the proper authority to do so.

Using our services, whether browsing our website, making purchases, or accessing products—may require you to provide personal information such as your email, billing, payment, and shipping details. You represent that all information you provide is accurate, current, and complete, and that you have the rights necessary to share this information.

You are responsible for protecting your account credentials and for all activity on your account. Transferring, selling, assigning, or licensing your account to others is not permitted.

Section 2 – Our products

All songs offered are created using advanced artificial intelligence technology. While we are committed to delivering high-quality music, it is important to understand that AI-generated content can vary in quality, style, and detail. Our goal is to produce songs that are meaningful and emotionally engaging, but the final result may differ from your original expectations. Emotional responses and interpretations will naturally vary from person to person.

Please note that we do not guarantee the appearance, quality, or emotional impact of any product or service will exactly match what is shown or described on our website. Product descriptions may change at any time without notice, and we reserve the right to discontinue any product or limit quantities by person, region, or jurisdiction as we see fit.

Section 3 – Orders

When you place an order with SongGem, you are making an offer to purchase our products or services. Please note that SongGem reserves the right to accept or decline your order at its discretion for any reason (see also Section 7 – Responsibilities and Prohibited Conduct). Your order is considered accepted only once SongGem sends you a confirmation.

We must receive and process your payment before your order can be accepted. Be sure to review your order carefully before submitting it, as cancellations may not be possible after acceptance. If for any reason we cannot accept, modify, or cancel your order, we will attempt to notify you using the email address you provided during the order process.

Important: By placing an order, you confirm that your purchase is for personal or household use only, not for commercial resale or export.

Section 4 – Cancellation & Revision

When you place an order with Songgem, you get to choose the music style for your custom song. The final song is created based on the details you provide, but you should expect limited artistic influence over the finished product. Once your song is delivered, you are entitled to request one revision within 24 hours, but only if the music style or lyrics don’t match your original order.

Cancellations are not allowed after submitting your order because work on your song begins immediately. Therefore, no refunds will be given for cancellations after order submission.

If you request a revision to the lyrics, you must edit the provided lyrics file and send it back via email. For music style changes, clearly explain the discrepancies in an email. Keep in mind, Songgem can refuse revisions if the new music style requested is very different from your initial choice.

You cannot reject the completed song once delivered, and payments are non-refundable except in rare cases such as failure to deliver, unresolved critical defects, or delivery delays over 24 hours.

All songs and related files are delivered digitally within 24 hours, and you’ll receive a download link by email once ready, so you can listen and share your personalized song immediately.

Section 5 – Delivery

Once you purchase a service, we provide access by sending an access or download link to the email address you supply. It’s very important that this email address is accurate and able to receive messages, as delivery is considered complete the moment the link is made available—regardless of whether you open the email, click the link, or even receive the message. This means that if your email is incorrect, inaccessible, or the message is filtered or bounced, the responsibility still passes to you.

Please check your spam or junk folders if you don’t see the delivery email. Access links may be time-limited, changed, or disabled without prior notice. We do not guarantee ongoing hosting, backups, or re-delivery of the services. Delivery times are estimates and can be affected by factors beyond our control, including issues with your devices, software, internet, or email settings.

Section 6 – Prices and Billing

Prices, discounts, and promotions may change at any time without prior notice. The price you pay for any product or service will be the one in effect when you place your order, as confirmed in your order confirmation email.

We occasionally offer special promotions that can affect pricing. These promotions are governed by their own specific terms and conditions, which take precedence over the general terms if there is any conflict.

You agree to provide accurate and up-to-date purchase, payment, and account information when placing orders. This includes promptly updating your email address, credit card details, and expiration dates, so we can process transactions smoothly and keep in touch if needed.

By submitting payment information, you confirm that it is true and complete, that you are authorized to use the payment method, and that all charges—including product price, shipping, handling, and applicable taxes—will be honored by your bank or credit card company.

Section 7 – Responsibilities and Prohibited Conduct

When using the Services, it’s important to act responsibly and legally. You may only access and use the Services for lawful purposes. The following actions are strictly prohibited:

Engaging in any unlawful or harmful activities.
Violating any laws, regulations, or local rules.
Infringing on intellectual property rights, whether ours or others’.
Harassing, insulting, defaming, or harming others, including our employees.
Spreading false or misleading information.
Uploading or distributing content that breaches these Terms.
Sending unsolicited advertising or spam, such as junk mail or chain letters.
Impersonating another person or entity.
Interfering with others’ use or enjoyment of the Services or causing harm to SongGem or its users.

Additionally, you must not:

Upload viruses or malicious software that could disrupt the Services.
Copy, sell, or exploit the Services unfairly.
Collect or track others’ personal information without consent.
Engage in spamming, phishing, scraping, or other deceptive tactics.
Bypass or tamper with security features of the Services or related platforms.

If you violate any of these rules, we reserve the right to suspend or terminate your account without notice. Following these guidelines ensures a safe, fair, and enjoyable experience for everyone.

Section 8: Usage Rights

When you purchase a song from SongGem, you gain the right to use it for personal enjoyment, social sharing on platforms like Facebook, Instagram, or TikTok, private events such as parties or personal celebrations, gifting, and storing on your own devices. These uses let you enjoy your music freely while keeping things simple and personal.

However, certain uses are prohibited without additional licensing. You may not use your song for commercial purposes, generate revenue from it, redistribute or modify the track, falsely claim authorship, or broadcast it on radio, TV, podcasts, or in any public performance. These restrictions ensure that the artist’s rights are respected and that the music is enjoyed as intended.

In short, SongGem offers a straightforward way to enjoy great music privately and socially, while protecting creative ownership on the commercial side.

Section 9 - Intellectual Property

Our Services, including all trademarks, brands, text, images, graphics, reviews, videos, audio, and their design or arrangement, are owned by SongGem, its affiliates, or licensors and protected by patent, copyright, and other intellectual property laws.

You may use the Services only for personal, non-commercial purposes. Without our prior written consent, you must not copy, modify, distribute, publicly display or perform, republish, download, store, or transmit any content. These Terms do not grant you any license or rights to SongGem’s or third parties' intellectual property beyond what is expressly stated.

SongGem names, logos, product and service names, designs, and slogans are our trademarks and cannot be used without permission. Other trademarks belong to their respective owners.

By submitting materials or communications through our Services, you grant SongGem a broad, worldwide, royalty-free license to use, modify, publish, and create derivative works for marketing or other purposes without further notice or compensation. You also affirm you have rights and consents for any personal data provided, including for minors.

Sharing features or permissions may be available, but any use beyond what we authorize is prohibited and may be revoked at any time. We do not guarantee ongoing access, hosting, or backups of any content or features.

Section 10 – Optional Tools

As part of our Services, you might gain access to optional tools provided by third-party providers. It's important to note that we do not monitor, control, or influence these tools in any way. They are made available "as is" and "as available," without any warranties or endorsements from us.

Using these third-party tools is entirely at your own risk. We recommend that you carefully review and agree to the terms set by the respective providers before using their tools. We cannot be held responsible for any issues or damages that result from your use of these optional resources.

Looking ahead, we may introduce new features, including additional tools or resources. These will be considered part of the Services and will also fall under these Terms of Service.

Section 11 – Third-Party-Links

Our Services may include links and materials from third-party websites, as well as embedded features provided by external sources. Please note that we do not review or control the content, accuracy, or practices of these external sites. When you choose to visit any third-party link, you do so at your own risk.

We cannot be held responsible for any issues that arise from accessing these sites or from purchasing or using their products, services, or content. It is important that you carefully read and understand the policies and terms of any third party before engaging with them or making transactions.

If you have any questions, complaints, or concerns about third-party products or services, please direct them to the respective third party, as we have no authority or control over their offerings.

Section 12 - Feedback

By submitting any ideas, suggestions, feedback, reviews, proposals, or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, modify, publish, distribute, and display it across any media for any purpose, including commercial use. This helps us improve and promote our services.

You confirm that you own or have the rights to the Feedback, have disclosed any compensation linked to it, and that it complies with these Terms. We are not obliged to keep your Feedback confidential, compensate you, or respond to it.

We may monitor, edit, publish, or remove Feedback at our discretion without notice, especially if it is unlawful, offensive, misleading, spam, or inconsistent with our brand or mission.

Feedback represents the opinions of its authors, not ours, and we do not guarantee its accuracy. You are responsible for your Feedback and must ensure it does not violate any rights or contain harmful content. Using false identities or misleading information is prohibited.

Section 13 - Errors, Inaccuracies and Omissions

From time to time, information on our Services—such as product descriptions, pricing, promotions, delivery charges, times, or availability—may contain typographical errors, inaccuracies, or omissions. While we strive for accuracy, mistakes can happen.

We reserve the right to correct these errors and update or change information at any time, even after an order has been placed. This includes adjusting prices, canceling orders, or modifying delivery details without prior notice. Our goal is to ensure you receive the most accurate and up-to-date information.

Thank you for understanding that, although rare, these corrections help maintain fairness and clarity for all customers.

Section 14 – Termination

We reserve the right to terminate this agreement or your access to the Services, or any part of them, at our sole discretion and at any time without prior notice. Even if your access is ended, you remain responsible for settling any outstanding payments owed up to the termination date. This ensures a clear and fair process for both parties, maintaining accountability while allowing us to manage the Services effectively.

Section 15 - Disclaimer of Warranties

The information provided through the Services is intended for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information, and any reliance on it is at your own risk. We disclaim all liability for any losses or damages arising from your use of the Services or any information contained within them.

Features, files, and links may be unavailable, changed, or removed without notice due to maintenance, updates, outages, or other factors beyond our control. We make no promises regarding their continued availability.

Except as expressly stated by SongGem, the Services and all products offered are provided "as is" and "as available," without any warranties, either express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, durability, and non-infringement. We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions may not allow the disclaimer of certain warranties, so these limitations might not apply to you. Remember, the Services are for general information only and should not replace professional advice.

Section 16 - Limitation of Liability

To the fullest extent permitted by law, SongGem and its partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors are not liable for any injury, loss, claim, or damages, including direct, indirect, incidental, punitive, special, or consequential damages. This includes lost profits, revenue, savings, data, replacement costs, or similar damages arising from your use of the services or any products purchased through them.

Liability is excluded whether the claim is based on contract, negligence, strict liability, or other legal theories. This applies even if SongGem was advised of the possibility of such damages. Specifically, SongGem is not responsible for service interruptions, outages, delays, data loss, corrupted files, failed deliveries, or inability to access content, including issues caused by third parties or events beyond our control.

Where allowed by law, SongGem’s total liability related to any purchase will not exceed the amount you paid for that purchase (after deductions for refunds, fees, or related costs). Remedies are limited to either redelivery of the product or a refund. This limitation does not apply where prohibited by law. If any liability is found despite these terms, SongGem’s maximum liability is capped at EUR 20.

Section 17 – Indemnification

By using SongGem’s services, you agree to protect and hold harmless SongGem and its affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers against any losses, damages, claims, or liabilities, including reasonable legal fees.

This applies if your actions cause issues because you (1) violate these Terms of Service or related documents, (2) break any laws or infringe on someone else’s rights, or (3) misuse the Services.

If SongGem informs you of a claim covered by this indemnity, your responsibilities remain even if notification is delayed—unless the delay seriously harms your ability to respond. SongGem can manage defense and settlement decisions at your cost but won’t finalize any agreements that impose non-monetary obligations on you without your consent (which won’t be unreasonably withheld).

You’re also expected to cooperate, providing documents or information necessary to handle the claim effectively.

Section 18 - Severability

If any part of these Terms of Service is found to be unlawful, void, or unenforceable, that specific provision will still be applied as far as the law allows. The unenforceable part will be considered removed from the agreement, but this will not impact the validity or enforceability of the rest of the Terms. Essentially, this means that if one section doesn’t hold up legally, the rest of the agreement remains intact and continues to apply as intended.

Section 19: Waiver and Entire Agreement

This section explains two important legal points about our Terms of Service.

Waiver: If we don’t enforce or exercise any right or rule in these Terms at any time, it doesn’t mean we have given up that right. We can still enforce it later.
Entire Agreement: These Terms of Service, along with any policies or rules we post related to the Service, form the complete and only agreement between you and us. They replace any previous agreements, conversations, or proposals—whether written or spoken.
Interpretation: If any part of these Terms is unclear, the wording won’t be interpreted against the party who wrote them, meaning interpretations won’t automatically favor either side.

In simple terms, this section ensures that our agreement is clear, final, and fair, protecting both you and us during your use of the Service.

Section 20 - Assignment

This section covers the rules about transferring rights and obligations under this Agreement. You are not allowed to delegate, transfer, or assign any part of this Agreement or your responsibilities without obtaining our prior written consent. Any attempt to do so without permission will be considered invalid and have no legal effect.

On the other hand, we reserve the right to transfer, assign, or delegate our rights and duties under these Terms at any time, without needing to ask for your approval or provide notice beforehand. This means while your obligations remain fixed with you, we can manage or reassign our part as needed to ensure smooth operation.

In short, you must stick to your commitments personally unless we agree otherwise, but we have more flexibility in handling these Terms.

Section 21 – Contact information

Our contact information is: info@songgem.com