TERMS & CONDITIONS — SongMessage.com

Effective date: September 9, 2025
Website: https://songmessage.com
Contact: info@songmessage.com

These Terms & Conditions (“Terms”) govern your access to and use of SongMessage.com and any services, features, content, or applications offered by SongMessage (collectively, the “Site” or “Services”). By accessing or using the Site you agree to be bound by these Terms. If you do not agree, do not use the Site.

1. Definitions

• User / You / Your: Any person who accesses or uses the Site.

• We / Us / SongMessage: The operator(s) of songmessage.com.

• Content: Text, images, audio, video, code, and other materials uploaded to or provided through the Site.

• User Content: Content submitted, uploaded, posted, or otherwise provided by Users (including custom song requests, messages, audio files, images, etc.).

2. Use of the Site

• Eligibility: You must be at least 13 years old to use the Site. If you are under 18 you must have parental or guardian consent. (If you operate in jurisdictions with higher minimums, you must meet those minimums.)

• Account: Some features require creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

• Accurate Information: You agree to provide accurate, current, and complete information when creating an account or placing an order.

3. Services, Orders & Payments

• Ordering: Orders for custom songs and related services are placed via the Site. All orders are subject to acceptance and availability.

• Payment: Payment is due at the time of order unless otherwise stated. We use third-party payment processors (e.g., Stripe, PayPal). By using a payment provider you agree to their terms.

• Pricing & Taxes: Prices are listed on the Site. You are responsible for any taxes, duties, or fees that may apply.

• Refunds & Cancellations: Refund and cancellation policies are posted on the Site. In general, custom or delivered work may be non-refundable or subject to a revision process—see our Refund Policy section on the Site for details.

4. Delivery, Revisions & Rights to Work Product

• Delivery Timeline: Estimated delivery times are provided at purchase; these are estimates and not guarantees.

• Revisions: Orders may include a specified number of revisions. Additional revisions may be subject to extra fees.

• License to User: Upon full payment and subject to compliance with these Terms, we will deliver the finished song and grant you the rights outlined at the time of purchase (for example, a personal use license, commercial license, or exclusive license). Specific license terms are stated on the product/order page—review them carefully.

• Ownership: Unless an exclusive ownership transfer is explicitly purchased and paid for, SongMessage (and the artists/creators) retain ownership of the underlying compositions and master recordings. You receive the license type you purchase.

5. User Content; License to Host & Use

• Grant: By submitting User Content (lyrics, recordings, images, messages, or other materials), you grant SongMessage a worldwide, non-exclusive, royalty-free, transferable right to store, reproduce, display, perform, and use that content to provide Services, including creating the requested song, promoting the Service (unless you opt out where available), and for internal analytics.

• Representations: You represent and warrant that you own or have the necessary rights to submit User Content and to grant the license above, and that User Content does not infringe the rights of any third party, is not unlawful, defamatory, harmful, obscene, or pornographic, and does not violate any applicable laws.

• Removal: We may remove User Content that violates these Terms or is the subject of third-party complaints, at our discretion.

6. Prohibited Conduct

You agree not to:

• Use the Site for any unlawful purpose.

• Upload or transmit viruses, malware, or harmful code.

• Attempt to access other Users’ accounts or data.

• Impersonate others or misrepresent your affiliation.

• Use content from the Site in a way that violates copyright, trademark, privacy, or other legal rights.

7. Intellectual Property

• SongMessage trademarks, trade dress, logos, website design, and Site content are owned or licensed by SongMessage.

• You may not copy, reproduce, republish, or redistribute Site content without express written permission, except as allowed by the license you purchase or by law.

8. Third-Party Services & Links

• The Site may contain links to third-party websites, services, or tools (payment processors, social networks, plugins like NEX-Forms, analytics providers). We are not responsible for their content, privacy practices, or terms. Links do not imply endorsement.

• You must comply with any third-party terms that apply when using their services through our Site.

9. Disclaimers; No Warranties

• The Site and Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied. We do not warrant that the Site is error-free, secure, or uninterrupted.

• We do not guarantee a particular outcome, chart success, or commercial performance of any song or content produced.

10. Limitation of Liability

• To the maximum extent permitted by law, SongMessage and its affiliates, officers, employees, agents, suppliers, and licensors are not liable for indirect, incidental, special, consequential, or exemplary damages arising from your use of the Site, even if we were advised of the possibility of such damages.

• Our aggregate liability for direct damages is limited to the amount you paid us in the 12 months preceding the claim (or a smaller statutory amount if required by law).

11. Indemnification

You agree to defend, indemnify, and hold harmless SongMessage and our affiliates, officers, agents, and employees from any claims, damages, losses, liabilities, costs, and expenses arising from:

• Your breach of these Terms,

• Your use of the Site,

• Your User Content or violation of third-party rights.

12. Termination

• We may suspend or terminate your access to the Site at any time for violations of these Terms or for business reasons.

• Termination does not waive any rights or remedies we may have against you.

13. Governing Law & Dispute Resolution

• These Terms are governed by the laws of the state or country where SongMessage is legally based (please insert your jurisdiction here). If you are a consumer, local mandatory consumer protection laws may apply.

• For disputes we will attempt to resolve informally; if unresolved, disputes will be handled in the courts located in the stated jurisdiction (or via arbitration if you and we both agree and have stated arbitration rules).

14. Changes to the Terms

• We may modify these Terms at any time. If material changes are made, we will provide notice (for example, via email or a notice on the Site). Continued use after changes constitutes acceptance.

15. Miscellaneous

• Entire Agreement: These Terms, together with any policies referenced here, constitute the entire agreement between you and SongMessage.

• Severability: If a provision is found invalid, the remainder of the Terms will remain in effect.

• Assignment: We may assign our rights under these Terms; you may not assign without prior written consent.

16. Contact

For questions about these Terms or the Site, email: info@songmessage.com (replace with your preferred contact).