Terms of Use

The Songly Studios website located at https://songlystudios.com/ is a copyrighted work belonging to Songly Studios. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use describe the legally binding terms and conditions that oversee your use of the Site.

BY USING THE SITE, YOU ARE CONFIRMING YOUR AGREEMENT TO THESE TERMS, and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ANY PROVISION OF THESE TERMS, DO NOT USE THE SITE.

Website Access

Songly Studios hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (a) your use of the Website as permitted is solely for your personal use; (b) you will not copy or distribute any part of the Website in any medium without Songly Studios’ prior written authorization; (c) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (d) you will otherwise comply with the terms and conditions of these Terms of Use.

By accessing the Website, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using Songly Studios and/or the Website. You agree to provide true, accurate, current, and complete information in any forms you submit, including checkout and gift personalization forms. If Songly Studios suspects that information you have provided is false, incomplete, or that you have otherwise violated these Terms of Use, your access to the Website and any related services may be suspended or terminated.

You agree not to use or launch any automated system, including without limitation “robots,” “spiders,” or similar technological devices or programs, that access the Website in a manner that sends more request messages to Songly Studios’ servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, Songly Studios grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Songly Studios reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion. You agree not to collect or use any personally identifiable information (“Personal Information”) from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.

The Website

These Terms of Use apply to all users of the Website. The Website may contain links to third party websites that are not owned or controlled by Songly Studios. Songly Studios has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, including any payment processors used to complete your purchase. By using the Website, you specifically release Songly Studios from any and all liability arising from your use of any third-party website.

AI-Generated Content

Songs purchased through Songly Studios are created using artificial intelligence music generation technology, based on the information, personalization details, and any photos or other materials you (the “Purchaser”) provide through the Website. No human songwriter, composer, or performer creates or performs the final musical work.

You acknowledge and agree that:

The lyrical and musical content of any song is generated by AI systems based on the inputs you provide, and Songly Studios does not guarantee the accuracy, tone, emotional resonance, or overall quality of the final output beyond reasonable efforts to reflect the information submitted.
Due to the nature of AI-generated content, there is a possibility that generated lyrics, melodies, or other musical elements may unintentionally resemble existing copyrighted works. Songly Studios makes reasonable efforts to avoid this but cannot guarantee complete originality, and disclaims liability for any such unintentional resemblance to the fullest extent permitted by law.
Songly Studios may use automated and/or human review processes to generate and quality-check songs, and reserves the right to decline to generate, or to withhold delivery of, any song where the submitted inputs violate these Terms of Use.

Third Party Personal Information (Gift Personalization)

Songly Studios’ service is often used to create a song as a gift for someone other than the Purchaser (the “Recipient”). When you submit a Recipient’s name, personal details, life events, photos, or any other information about a Recipient through the Website, you represent and warrant that:

You have the right to share this information with Songly Studios for the purpose of generating and delivering a personalized song and, where applicable, a gift page containing photos or other content; and
You will not submit personal information, photos, or other content about any Recipient without having a reasonable basis to believe the Recipient would consent to this use.

You agree to defend, indemnify, and hold harmless Songly Studios from any claim arising from your submission of a Recipient’s personal information or photos without appropriate rights or consent to do so.

Intellectual Property Rights

The content created by Songly Studios, including without limitation the text, graphics, and photos created by and for the Website, interactive features (“Content”), and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Songly Studios, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Songly Studios or as expressly provided herein. Songly Studios reserves all rights not expressly granted in and to the Website and the Content contained therein.

A user of the Website who purchases a custom AI-generated musical recording comprised of a master audio recording and the underlying composition (collectively, the “Master”) shall be given a limited license to use the Master solely for personal use. A user shall have no right to copy, sell, lease, publicly perform, sublicense, or otherwise commercially exploit the Master. No ownership or other rights in and to the Master are transferred, assigned, or sold to the user through the purchase of the Master via the Website. Songly Studios may, in its sole discretion, grant a user additional rights to share the Master solely through mechanisms (e.g. embedding, sharing links) provided on the Website. Any such grant of additional rights shall in no way alter or waive the rights expressed hereunder and shall be provided solely as a means for a user to enjoy and share the Master.

Excluding any User Submissions that you may provide, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Songly Studios. These Terms and access to the Site do not give you any rights, title, or interest in or to any intellectual property rights, except for the limited access rights expressed in this Section. Songly Studios reserves all rights not granted in these Terms.

User Submissions

In the course of using the Website, you may submit personalization details, photos, or other materials (“User Submissions”) for the purpose of generating your song and/or gift page. You are solely responsible for your own User Submissions and the consequences of submitting them. You retain ownership of any photos or original material you submit, and grant Songly Studios a limited license to use such material solely for the purpose of generating and delivering your song and associated gift experience.

Songly Studios does not guarantee any confidentiality with respect to User Submissions beyond what is set out in our Privacy Policy, and expressly disclaims any and all liability in connection with User Submissions. Songly Studios reserves the right to remove or decline to use any User Submission in its sole discretion and without prior notice.

Obligations

You may not, in connection with the Website, submit any User Submission that:

is libellous or defamatory, pornographic, sexually explicit, unlawful, or plagiarised;
infringes or violates any patent, copyright, trademark, trade secret, or other property right;
breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship;
a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, or otherwise objectionable or offensive in any way;
constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech; or
violates or encourages others to violate any applicable law, statute, ordinance, or regulation.

You may not, except with Songly Studios’ express advance authorization:

harm minors in any way;
solicit personal information from anyone under 18;
provide false or deceptive information; or
use the Website in a manner that violates these Terms of Use.

Copyright Infringement

Songly Studios respects the intellectual property of others, and we ask our users to do the same. You may not submit any User Submission that is copyrighted material belonging to others without obtaining their prior written consent. Songly Studios reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate access for users we believe to be infringers.

If you believe that your work has been used on the Website in a way that constitutes copyright infringement, please contact us through our website with details sufficient to identify the material and your claim, including a statement of good faith belief that the use is unauthorized and a statement, made under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Such notices should be sent to us via https://songlystudios.com/contact.

Modifications to the Website

Songly Studios reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Songly Studios shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.

Termination

Songly Studios may, under certain circumstances and without prior notice, immediately suspend or terminate your access to the Website and any related services. Cause for such action shall include, but not be limited to: (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) unexpected technical or security issues or problems; (d) engagement by you in fraudulent or illegal activity; and/or (e) non-payment of any fees owed in connection with the Website or any other Songly Studios product.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SONGLY STUDIOS, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF SONGLY STUDIOS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, ANY AI-GENERATED CONTENT, AND YOUR USE THEREOF. SONGLY STUDIOS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ORIGINALITY, OR COMPLETENESS OF ANY AI-GENERATED SONG, THE WEBSITE’S CONTENT, OR THE CONTENT OF ANY SITES LINKED TO THIS SITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INCLUDING AI-GENERATED SONGS, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, OR SIMILAR HARMFUL CODE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, INCLUDING AI-GENERATED SONGS, MADE AVAILABLE VIA THE WEBSITE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL SONGLY STUDIOS, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF SONGLY STUDIOS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM YOUR USE OF THE WEBSITE OR ANY AI-GENERATED CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SONGLY STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT SONGLY STUDIOS SHALL NOT BE LIABLE FOR USER SUBMISSIONS, INCLUDING ANY PERSONAL INFORMATION OR PHOTOS YOU SUBMIT ABOUT A THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE ARISING FROM SUCH SUBMISSIONS RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Songly Studios from its facilities in Australia. Songly Studios makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Limitation on Liability

To the maximum extent permitted by law, in no event shall Songly Studios or our suppliers be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Site, even if Songly Studios has been advised of the possibility of such damages. Access to and use of the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

Cookies and Web Beacons

Like any other website, Songly Studios uses ‘cookies’. These cookies are used to store information including visitors’ preferences and the pages on the website that the visitor accessed or visited. The information is used to optimize the user’s experience by customizing web page content based on the visitor’s browser type and/or other information.

Indemnity

You agree to defend, indemnify, and hold harmless Songly Studios, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Songly Studios, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (a) your use of and access to the Website; (b) your violation of any term of these Terms of Use; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim arising from a User Submission you provided, including personal information or photos of a Recipient. This defence and indemnification obligation will survive these Terms of Use and your use of the Website.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, or sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Songly Studios without restriction.

Your Privacy

Please read our Privacy Policy.

Copyright/Trademark Information

Songly Studios Copyright ©. All rights reserved. All trademarks, logos, and service marks displayed on the Site are our property. You are not permitted to use these Marks without our prior written consent or the consent of any third party which may own the Marks.

General

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction in Australia (Victoria), the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Songly Studios’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Songly Studios reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website.

It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Violations of These Terms of Use

Please report any violations of these Terms of Use, including objectionable User Submissions or behavior, through https://songlystudios.com/contact.

Upon receiving such a report, Songly Studios may, in its sole discretion, investigate the matter and take such action as it determines to be appropriate.