Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website myhitsong.com, operated by Just Our Song ("Just Our Song," "we," "us," or "our"), including all related services, content, custom song creation services, features, and communications (collectively, the "Services").

By accessing or using the Services, placing an order, or submitting information through our quiz, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to place an order.

By using the Services, you represent and warrant that:

• You have the legal capacity to enter into these Terms;
• All information you provide is accurate and complete;
• You have authority to submit any personal information, names, stories, or likenesses included in your order.

2. Description of Services

Just Our Song creates custom songs based on information you provide in a quiz, including names, memories, and other personal details.

You understand and agree that:

• Each song is created using creative interpretation.
• The final result is artistic in nature and subjective.
• Emotional reactions vary from person to person.
• We do not guarantee a specific emotional response or outcome.

We reserve the right to refuse any order for any reason at our sole discretion.

3. User Content & Representations

You are solely responsible for all content you submit, including:

• Names
• Stories
• Messages
• Personal information
• References to third parties

By submitting content, you represent and warrant that:

1. You have the legal right to provide the content.
2. The content does not infringe any copyright, trademark, privacy, publicity, or other rights.
3. The content is not defamatory, illegal, abusive, obscene, hateful, or otherwise unlawful.
4. You have obtained consent from any third party mentioned in your submission.

You agree to indemnify and hold Just Our Song harmless from any claims arising from content you submit.

4. License to Use Submitted Content

By submitting content to us, you grant Just Our Song a worldwide, non-exclusive, royalty-free license to:

• Use
• Reproduce
• Modify
• Adapt
• Edit
• Incorporate

your submitted content for the purpose of creating, producing, delivering, and supporting your custom song.

This license does not grant us ownership of your personal stories. It only permits us to perform our Services.

5. Intellectual Property Rights

Ownership

All songs, including:

• Lyrics
• Musical compositions
• Recordings
• Instrumentals
• Arrangements

are owned exclusively by Just Our Song and/or its licensors.

Personal Use License

Upon full payment, you are granted a non-exclusive, non-transferable, non-sublicensable license for personal, non-commercial use only, including:

• Playing the song privately
• Sharing with friends and family
• Playing at personal events (weddings, birthdays, anniversaries, memorials)

You May NOT:

• Sell or commercially exploit the song
• Upload it to Spotify, Apple Music, or streaming services as your own release
• Claim authorship or ownership
• Use the song for advertising or business purposes
• Register the song with a performing rights organization
• Mint as NFT or blockchain asset
• License it to third parties

Commercial use requires written permission from us.

6. Delivery

We deliver songs digitally via email within 24 hours to 7 days, depending on production schedule.

Delivery is deemed complete when:

• The email is sent to the address provided by you.

We are not responsible for:

• Incorrect email addresses
• Spam filtering
• Email delivery failures beyond our control
• Internet outages
• Third-party service interruptions

We do not guarantee permanent hosting or archival storage. You are responsible for downloading and storing your file upon delivery.

7. Revisions

We may, at our discretion, offer minor revisions. We are not obligated to rewrite or recreate a song unless required under our refund policy.

8. Refunds & 30-Day Money-Back Guarantee

We offer a 30-day money-back guarantee.

To qualify:

• You must contact us within 30 days of delivery.
• The request must be submitted via our official support email.

Refunds are issued at our sole discretion if dissatisfaction is genuine.

Refunds will not be granted if:

• You violate these Terms
• You engage in abusive or fraudulent behavior
• You initiate a chargeback without contacting us first
• You commercially use the song
• You request a refund after publicly distributing or exploiting the song

We reserve the right to dispute fraudulent chargebacks and suspend future service.

9. No Professional Advice

Our songs are for entertainment and sentimental purposes only.

They are not:

• Therapy
• Counseling
• Legal advice
• Medical advice

You acknowledge that emotional interpretations are subjective.

10. Prohibited Uses

You may not:

• Use the Services for illegal purposes
• Submit unlawful or infringing content
• Attempt to hack, disrupt, or reverse engineer the website
• Use automated scraping tools
• Impersonate another person
• Engage in fraudulent chargebacks

Violation may result in immediate termination.

11. Disclaimer of Warranties

THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• UNINTERRUPTED OR ERROR-FREE SERVICE

We do not guarantee:

• Emotional satisfaction
• Specific lyrical wording
• Specific musical structure
• Delivery timing under force majeure events

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Just Our Song shall not be liable for:

• Indirect damages
• Emotional distress claims
• Lost profits
• Reputational harm
• Consequential damages
• Data loss

Our total liability for any claim shall not exceed the amount you paid for the order in question.

Your sole remedy is a refund of the purchase price.

13. Indemnification

You agree to indemnify, defend, and hold harmless Just Our Song and its owners, employees, contractors, affiliates, and service providers from any claims, damages, losses, or expenses arising from:

• Your submitted content
• Your violation of these Terms
• Your misuse of the song
• Your infringement of third-party rights

14. Third-Party Services

We may use third-party providers including:

• Payment processors
• Hosting providers
• AI or production tools
• Email services

We are not responsible for third-party failures or policies.

15. Force Majeure

We are not liable for delays or failure to perform due to events beyond our control, including:

• Natural disasters
• Internet outages
• Government actions
• Labor disputes
• Technical failures

16. Dispute Resolution & Arbitration

To the fullest extent permitted by law:

• Any dispute shall first be attempted to be resolved informally by contacting support.
• If unresolved, disputes shall be resolved by binding individual arbitration.
• No class actions permitted.
• You waive the right to jury trial.

Governing law shall be the laws of the State of Delaware, United States, without regard to conflict-of-law principles.

17. Chargeback Policy

If you initiate a chargeback without first contacting us:

• You waive eligibility for voluntary refunds.
• We reserve the right to dispute the chargeback.
• We may permanently ban you from future purchases.

18. Modifications to Terms

We may update these Terms at any time. Continued use of the Services constitutes acceptance of updated Terms.

19. Severability

If any provision is found unenforceable, the remaining provisions remain valid.

20. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Just Our Song.

21. Contact Information

Just Our Song
Website: myhitsong.com
Email: hello@myhitsong.com