Terms of Service

1. Agreement to Terms

By accessing or using SelectedSongs ("Service," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you do not have permission to access the Service.

These Terms constitute a legally binding agreement between you and SelectedSongs. Please read them carefully before using our Service.

SelectedSongs is operated by REM Vision LLC, 11300 Rockville Pike, Suite 1001, Rockville, MD 20852, USA.

2. Description of Service

SelectedSongs provides personalized song creation services. We create custom songs based on information, memories, and stories you provide, generating lyrics and music in various musical styles and eras.

Our Service involves:

• Lyric Generation: Transforming your stories and memories into personalized song lyrics
• Music Generation: Creating original music and vocals based on the generated lyrics
• Digital Delivery: Delivering your completed song via email with a link to stream your audio
• Song Plan: A recurring subscription that provides a set number of custom songs per billing cycle, offered at some checkouts instead of, or alongside, a one-time song and described in Section 8

3. Eligibility

To use our Service, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service under applicable laws
• Have the authority to share any personal information about third parties mentioned in your song requests

By using the Service, you represent and warrant that you meet all eligibility requirements.

4. Use of Service

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates any applicable law or regulation
• Submit content that is defamatory, obscene, threatening, or infringes on the rights of others
• Submit false or misleading information about yourself or others
• Attempt to interfere with the proper functioning of the Service
• Use the Service to create content that promotes hate, violence, discrimination, or illegal activities
• Attempt to reverse engineer, decompile, or extract the underlying technology
• Use automated systems or bots to access the Service
• Resell, redistribute, or commercially exploit the Service without our consent
• Circumvent or attempt to circumvent any security features or access restrictions

5. User Content and Submissions

When you submit memories, stories, names, or other content ("User Content") to create your custom song, you:

• Retain ownership of your original User Content
• Grant us a worldwide, non-exclusive, royalty-free license to use, process, and transform your User Content solely for the purpose of creating your custom song
• Represent and warrant that you have the right to share any information about individuals mentioned in your content
• Acknowledge that your User Content will be processed by third-party services to generate lyrics
• Understand that generated output may not exactly match your expectations or intentions

You are solely responsible for the accuracy and appropriateness of the User Content you submit. We reserve the right to refuse to process any submission that we determine, in our sole discretion, violates these Terms or is otherwise inappropriate.

6. Generated Content Disclaimer

SelectedSongs creates personalized songs using advanced technology and proprietary workflows. By using our Service, you acknowledge and agree to the following:

Nature of Generated Content

• Lyrics are generated based on the information you provide
• Music, melodies, and vocals are generated based on the lyrics
• Generated content may contain imperfections, unexpected interpretations, or creative choices that differ from your expectations

Limitations of Technology

• Technology cannot perfectly interpret emotional nuances or personal context
• Generated lyrics may not capture every detail of your story exactly as you envisioned
• Musical style, tempo, and vocal delivery may vary from expectations
• Names and specific words may occasionally be pronounced differently than expected
• Creative choices may differ from what a human songwriter would make

No Guarantee of Specific Output

We cannot guarantee that the generated song will match your exact expectations. The creative output is inherently subjective, and while we strive for quality, there are inherent limitations. Content safety filters may modify or reject certain content.

7. Satisfaction Guarantee

We want you to love your personalized song. If you are not satisfied with your delivered song, we offer ONE (1) complimentary remake under the following terms:

Eligibility

• You must request your remake within fourteen (14) days of receiving your song delivery email (for a Song Plan song, the delivery email for that song)
• You must provide specific feedback about what you would like changed (lyrics, musical style, voice, tempo, name pronunciation, etc.)

Scope of Remake

• The remake must address issues with your original song request
• We will work with you to fix problems such as incorrect details, style mismatches, pronunciation issues, or other aspects that do not match what you requested
• The remake is NOT for creating an entirely different song (different recipient, different occasion, different story)
• One remake per order - additional remakes are not available. Each song you create with a Song Plan is a separate order for this purpose

What This Guarantee Is NOT

• This is NOT a money-back guarantee
• This is NOT a refund policy
• After your remake is delivered, no further remakes or refunds are available for that order

How to Request a Remake

• Email us at info@selected-songs.com to request a Change Request Form
• Describe specifically what you would like changed
• Your remake will be generated and made available on your song page (with an email notification)

By purchasing a song, you acknowledge that you are purchasing a generated creative work. Subjective satisfaction with creative output cannot be guaranteed.

The free remake described above is your sole and exclusive remedy for dissatisfaction with the creative output of your order, without limiting the rights described in Section 9 or any rights that cannot be excluded by law.

No refunds will be issued for subjective dissatisfaction with the song's style, sound, or creative interpretation.

8. Payment Terms

All payments are processed securely through a third-party payment processor. By making a purchase, you agree to the following:

• Our prices for new purchases are dynamic and may change at any time based on demand, availability, promotional offers, and other market factors -- including during periods of high demand. A change in our prices for new purchases does not change the price of a Song Plan you have already started; the price of an active Song Plan changes only as described under "Changes to price or plan" below
• Prices shown during the ordering process are not guaranteed until payment is successfully completed; if you do not complete checkout, the price may change when you return
• Pricing may also vary by region and currency and may not reflect a direct exchange-rate conversion
• You authorize us to charge the payment method you provide for the total amount of your order and, if you buy the Song Plan, for the recurring charges described below
• You are responsible for any applicable taxes that are shown separately at checkout
• Payment must be completed before song generation begins; for a song created from your Song Plan, the payment is the plan charge that covers the period you are in
• Rush delivery and other add-ons are optional, priced separately, and are one-time charges that do not renew

One-time purchases. If you buy a one-time song, your purchase is a single charge and we will not bill you again on a schedule. Recurring charges happen only if you buy the Song Plan described below.

Song Plan (recurring subscription). The Song Plan is a recurring subscription, which is different from a one-time purchase. Whether you are offered a one-time song, the Song Plan, or both depends on the checkout page you are shown: some checkout pages offer only the Song Plan, some offer only a one-time song, and some offer both. The Song Plan is charged in US dollars and is not available at every checkout. You are enrolled in the Song Plan only when you complete payment on a checkout page that shows the Song Plan price and renewal schedule. By clicking the payment button (including a digital wallet button such as Apple Pay or Google Pay), you authorize the charges described in this Section 8 and give the payment authorization described below.

How the Song Plan works. Every Song Plan has this structure:

• Paid introductory period. You pay the introductory price on the day you sign up. It covers an introductory period of the length shown at checkout (currently 7 days). This is a paid introductory period, not a free trial.
• Automatic renewal. When the introductory period ends, and automatically every 28 days after that, your payment method is charged the renewal price until you cancel. The first renewal charge is made on the day the introductory period ends. Because the billing period is 28 days rather than a calendar month, this is 13 charges per year, not 12.
• No minimum commitment. The plan has no fixed term and no minimum number of cycles. It continues until you cancel, and you can cancel at any time as described below.
• 8 songs per cycle, no rollover. The introductory period includes 8 songs (counting the song you order when you sign up), and each 28-day cycle after it includes 8 songs. Each renewal resets your allowance to 8 songs. Unused songs from the introductory period or from an earlier cycle do not carry over and are not added to the new allowance.
• Each song is its own order. You create the songs in your plan from your plan page. Each song is a separate order, delivered by email, and the rest of these Terms apply to it, including the Satisfaction Guarantee in Section 7 (which applies to each song separately) and the license in Section 11. Optional extras, such as the MP3 download with commercial license, are not included in the plan; they are priced separately and are bought for each song, and downloading the MP3 of a plan song requires that license.

Prices and the checkout page. The exact prices, the length of the introductory period, and the renewal schedule that apply to your plan are the ones shown on the checkout page next to the payment button before you pay, and repeated in the confirmation email we send you after you sign up. Those details form part of your agreement with us. If they differ from anything in these Terms, the checkout page prevails; if the checkout page and the confirmation email differ, whichever is more favorable to you applies. Prices are not the same for every plan. Song Plans are currently offered at one of two price levels: 8.99 USD for the introductory period and then 29.99 USD every 28 days, or 10.00 USD for the introductory period and then 49.00 USD every 28 days. The prices shown at checkout and in your confirmation email are the ones that apply to your plan. Your plan keeps them unless we change them as described under "Changes to price or plan" below.

Authorization to charge. By starting a Song Plan you authorize us, through our payment processor, to charge the payment method you used at checkout: the introductory price when you sign up, then the renewal price on each renewal date until you cancel, in each case in the amount shown at checkout. The prices shown at checkout are the total you pay unless the checkout page shows tax separately. This authorization stays in effect until your plan ends. Payment is by card, including a card used through a digital wallet. If it is a debit card, the charges are debited from the linked account. You can end this authorization at any time by cancelling. Charges are made by SelectedSongs (REM Vision LLC) and typically appear on your statement as SELECTEDSONGS, or a similar name beginning SELECTSONG.

Cancelling the Song Plan. You may cancel at any time, for any reason, with no cancellation fee, and without calling anyone. You can cancel in any of these ways:

• Sign in with your email address (see Section 10), open your profile page, and press the Cancel plan button. There is one confirmation step.
• Use the manage link in the Song Plan emails we send you (for example the welcome, renewal, and failed-payment emails). It opens your plan page, where you can open the billing portal and cancel. You do not need to sign in to do this.
• Open the secure billing portal hosted by our payment processor, either from your plan page or from the "Update card or view invoices" button on your profile page, and cancel there.
• Email info@selected-songs.com from the address used for your plan and ask us to cancel. See "When cancellation takes effect" below for timing.

When cancellation takes effect. Once a cancellation takes effect, it stops all future charges, except as described below for a plan in a failed-payment state. A cancellation made from your profile page or the billing portal is recorded immediately. A cancellation request sent by email takes effect when we process it, which we aim to do within one business day. To avoid a renewal charge, your cancellation must take effect before that charge is made; the renewal date is shown on your plan page and in the emails we send you. To be sure of avoiding a renewal charge, cancel from your profile page or the billing portal, or email us at least two business days before the renewal date. If your plan is active or in its introductory period, it ends at the end of the period you have already paid for, and you can keep using the songs left in that period until then. If your cancellation takes effect during the introductory period, the plan ends when the introductory period ends and you will not be charged the renewal price. If you cancel after a renewal charge has been made, your plan ends at the end of the period that charge covers. If your plan is in a failed-payment state (see "Failed payments" below), cancelling it from your profile page ends it immediately and we do not try to charge your payment method again; if you email us instead, it ends when we process your request. Cancelling a plan in a failed-payment state only through the billing portal or the manage link in our emails may not stop retries of the outstanding payment; to end it immediately and stop all further attempts, cancel from your profile page. When we record your cancellation, we email you a confirmation that no further charges will be made and, if your plan stays active until the end of a paid period, the date it ends. Charges made before a cancellation takes effect are not refunded, except where the law requires it.

After cancelling. Cancelling does not refund the period you have already paid for, and we do not give partial-period refunds, except where the law requires it or as set out in Section 9. Songs you have already received remain available to you under the license in Section 11, and the links in your delivery emails continue to work for as long as we keep your order on file. Downloading the MP3 of a plan song requires the optional MP3 license purchased for that song. Unused songs cannot be used after your plan ends. You can buy a one-time song, or a new plan where one is offered at checkout, at the prices then shown.

Changes to price or plan. We may change the renewal price, the number of songs per cycle, or other material terms of an active Song Plan only for a valid reason, such as a change in the cost of the technology, third-party services, or taxes we rely on to make songs, a change in law or in the requirements of our payment or technology providers, or a change to the Service that we need to make or that improves it. A change to the features of the Service (as opposed to its price) will not cost you anything extra. If we make a change, we will email you at least 7 days and no more than 30 days before the first renewal charge to which the change applies. The email will explain the change and how to cancel. The change applies only to renewal charges and cycles that begin after that notice period, and never to a cycle you have already paid for. If you do not want the change, cancel before it takes effect and it will not apply to you (if you are a consumer in the EU, see also Section 9). Any additional rights that mandatory law gives you in connection with a change to price or plan still apply. A change that benefits you, such as a lower price, may take effect immediately. Our right to change prices for new purchases (described above) is separate and does not change the price of your active plan.

Failed payments. If a recurring charge is declined, our payment processor retries it automatically over the following days, and we email you after each failed attempt so you can update your payment method from your plan page or from the billing portal. While a payment is outstanding, your plan is in a failed-payment (past due) state and you cannot create new songs with it; songs you have already created are not affected. If the payment is collected, your plan becomes active again and you can use the songs available in it. If the payment cannot be collected after the final attempt, the plan is cancelled automatically, any unused songs are no longer available, and no further charges are attempted. You can also cancel a plan in a failed-payment state yourself at any time from your profile page, which ends it immediately, or by emailing us, which ends it when we process your request.

Saved payment method and optional extras. When you check out, we ask our payment processor to keep your payment method on file on our behalf. We use it for two purposes only: (1) if you buy the Song Plan, to make the recurring charges described above; and (2) so that the optional extras offered on your song page -- an MP3 download with a commercial license, a lyrics PDF, and tips -- can be bought in one click without re-entering your card details.

Each extra is a separate, one-time charge, shown at its price before you buy, and charged only when you choose it. Apart from the Song Plan described above, nothing is ever charged automatically, on a schedule, or without an explicit action by you. If you would rather not have a payment method kept on file, contact us at info@selected-songs.com and we will remove it. If you have an active Song Plan, we can remove it only together with cancelling the plan, because renewals cannot be charged without a payment method.

We never see or keep your full card number. Card details are entered directly into our payment processor's secure fields and handled by them in accordance with PCI-DSS standards; we retain only a token that lets us request the charges described above.

9. Refund Policy

Due to the personalized, digital nature of our products:

• Subject to the rights described in this Section and any rights that cannot be excluded by law, all sales are final once song generation begins
• We do not offer refunds for completed songs that have been delivered unless such refund rights are required under applicable law
• The Satisfaction Guarantee (Section 7) provides a free remake option as the remedy for dissatisfaction, not a refund

Limited Exceptions

Apart from the Song Plan refunds described below, the Rush delivery refunds in Section 12, the refund in Section 20, and refunds required by law, refunds may be considered only in the following limited circumstances:

• Technical failure: If we are unable to generate or deliver your song due to a technical issue on our end that we cannot resolve
• Duplicate charges: If you were incorrectly charged multiple times for the same order

To request a refund under these limited exceptions, contact info@selected-songs.com with your order details and reason for the request. Except where this Section says we will refund, or the law requires a refund, all refund decisions are at our sole discretion.

Song Plan Charges

The rules above also apply to Song Plan charges, with these additions:

• Cancelling a Song Plan stops future charges but does not refund the period you have already paid for. We do not refund the introductory charge or a renewal charge because you did not use all of your songs, or because you did not cancel before a renewal date, except where this Section or the law says otherwise
• The technical failure and duplicate charge exceptions above apply to Song Plan charges
• If you are a consumer in a place that gives you withdrawal or other subscription rights, those rights apply to the Song Plan as described below

European Union & United Kingdom: Right of Withdrawal

If you are a consumer in the European Economic Area (EEA), United Kingdom, or Switzerland, you normally have a 14-day right to withdraw from an online purchase, without giving a reason, under the Consumer Rights Directive (2011/83/EU) or equivalent UK legislation. The 14 days start on the day your contract with us is concluded: for a one-time song, the day you pay; for the Song Plan, the day you sign up.

Songs are digital content, and we begin creating your song as soon as your payment is confirmed. The right of withdrawal therefore works as follows:

• If you have expressly asked us to begin creating and supplying your song during the 14-day period, have acknowledged that you will lose your right of withdrawal once we have started supplying it, and we have confirmed this to you in writing (including by email), you lose your right of withdrawal for that song once we start supplying it. This is permitted by Article 16(m) of the Directive and equivalent national laws, such as Regulation 37 of the UK Consumer Contracts Regulations 2013
• If we have not obtained your express request and acknowledgment, you keep your right of withdrawal for the full 14 days, including after your song has been delivered, and you will not owe us any payment for the song if you withdraw
• If you withdraw before we have started creating your song, you will receive a full refund

To withdraw, tell us within the 14 days by any clear statement, for example by emailing info@selected-songs.com with your order details or by using the model withdrawal form below. We will confirm receipt by email and refund the amounts you are owed, using the same payment method you used, within 14 days of receiving your notice.

Song Plan withdrawals. For the Song Plan, the right of withdrawal arises once, when you sign up. We show you the renewal price and schedule on the checkout page and repeat them in your confirmation email, so you do not get a new right of withdrawal at the end of the introductory period or at each renewal, except where the law gives you one. If you withdraw from a plan, the plan ends and no further charges are made. If you gave a valid request and acknowledgment as described above and still withdraw from the plan within 14 days, you pay a proportionate amount for the songs we already supplied to you, and we refund the rest. For each individual song that we have already supplied after a valid request and acknowledgment, the right of withdrawal for that song is lost.

Songs that do not match your order. Separately from withdrawal, if you are a consumer in the EEA or the UK and a song does not conform to your order (for example, it does not match the details you gave us), the law gives you remedies: to have the song brought into conformity (we offer a remake under Section 7) and, if that is not possible or does not solve the problem, a price reduction or the right to end the contract and receive a refund. A song must also have the quality and features that are normal for digital content of the same type and that you can reasonably expect. We are liable for a lack of conformity that exists when the song is supplied and becomes apparent within the period set by the law of your country (in the EU, at least two years for a song supplied once). For a Song Plan, which is supplied continuously, we are liable for any lack of conformity that appears while your plan is active. Nothing in Section 7 or in this Section limits those remedies.

Ending or changing the Song Plan in the EU. The Song Plan has no minimum term and runs for an indefinite period. If you are a consumer in France or another EU country, you may end it at any time, and it then ends at the end of the 28-day period you have already paid for, so the notice period never exceeds one month. Your statutory right to terminate for good cause is not affected. If we change the plan in a way that negatively affects your access to or use of the songs more than minimally (for example, fewer songs per cycle), we will tell you in advance by email as described in Section 8, and you may end the plan free of charge at any time up to 30 days after the notice or after the change, whichever is later. Nothing in this paragraph limits any additional rights that mandatory law gives you in that case.

Model withdrawal form (complete and send this only if you wish to withdraw from the contract):

• To: REM Vision LLC, 11300 Rockville Pike, Suite 1001, Rockville, MD 20852, USA, info@selected-songs.com
• I hereby give notice that I withdraw from my contract for the supply of the following digital content or service: [your song order or Song Plan, with your order reference]
• Ordered on: [date]
• Name of consumer: [your name]
• Address of consumer: [your address]
• Email address used for the order: [your email address]
• Date: [date]

Brazil: Consumer Defense Code (CDC)

If you are a consumer in Brazil, you have the right to withdraw from online purchases within 7 days of contracting or of receiving the product or service, without giving a reason, under Article 49 of the Consumer Defense Code (CDC), regardless of whether generation has begun or you have used any songs. If you exercise this right within 7 days, you will receive a full refund of everything you paid, including the introductory price of a Song Plan and the first renewal charge if it is made on or before the seventh day after you signed up. To exercise the right, email info@selected-songs.com. We will immediately confirm receipt by email, refund you at once using the same payment method (with monetary adjustment where the law requires), and promptly tell your card issuer or payment processor so that the charge is not billed to you or is reversed. We answer requests within 5 days. Cancelling a Song Plan through your profile page, plan page, or billing portal stops future charges but does not by itself refund anything, so tell us that you are exercising your right of withdrawal if you want a refund. Additionally, nothing in this refund policy limits any rights you may have under Brazilian consumer protection law for defective products or services.

Australia: Consumer Guarantees

If you are an Australian consumer, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010). These include guarantees that services will be provided with due care and skill, within a reasonable time, and so that they are fit for any purpose you made known to us. For a minor failure, we may fix it within a reasonable time; if we do not, you may cancel the service and receive a refund for the unused portion, or have the failure fixed elsewhere and recover the reasonable cost from us. For a major failure with a service, you are entitled to cancel the service contract and receive a refund for the unused portion, or compensation for its reduced value, and to compensation for any other reasonably foreseeable loss or damage. Nothing in these Terms limits or excludes any consumer guarantee or any right or remedy you may have under the Australian Consumer Law for a failure to comply with a consumer guarantee. You may end a Song Plan at any time as described in Section 8.

Canada

If you are a consumer in Canada, including in Quebec or Ontario, nothing in these Terms limits any rights you have under your province's consumer protection laws, including rights that apply to online (distance) contracts and to contracts for services supplied over time. You may end the Song Plan at any time with no cancellation fee, as described in Section 8. If you buy online and we have not given you the information or the copy of your contract that the law of your province requires, you may have an additional right to cancel that contract under that law.

United States

Some US states, including California and New York, give subscribers additional automatic-renewal rights. We apply the cancellation methods described in Section 8 and the refund terms described in this Section to all Song Plan subscribers in the United States, and these Terms do not limit any rights you have under those laws that cannot be waived by contract.

Other Jurisdictions

If you are a consumer in Mexico, Colombia, Argentina, Chile, or any other jurisdiction with mandatory consumer protection laws, nothing in this refund policy limits any non-waivable rights you may have under the applicable consumer protection laws of your country of residence.

10. Accounts and Sign-In

You do not need a password to use SelectedSongs. If you have placed an order with us, you can sign in with your email address using a sign-in link that we email to you.

• Your account: Your account is simply the set of orders and Song Plans placed under your email address. There is no separate account record or profile information beyond that. After you sign in, your profile page lists the songs you have ordered with that email address and your Song Plans (status, songs left in the cycle, next charge date, and amount). From it you can cancel a plan, open the billing portal to update your card or view invoices, and sign out.
• Sign-in links: When you ask to sign in, we email a sign-in link to your email address if it has orders with us. The link expires 30 minutes after we send it. Do not forward the link or share it with anyone: whoever has the link can sign in to your account until it expires. If a link has expired, request a new one.
• Staying signed in: When you use a valid sign-in link, we place a sign-in cookie in your browser that keeps you signed in on that browser for up to 30 days. To sign out, use the Sign out button on your profile page, which ends your session on that browser. Always sign out when you use a shared or public device.
• Securing your inbox: Because sign-in links are sent to your email address, anyone who can read your inbox can sign in as you, see your songs and orders, and cancel your Song Plan. You are responsible for keeping your email account and your devices secure. If you think someone else has access to your account, contact us at info@selected-songs.com.
• Losing access to your email: If you no longer have access to the email address you used for your orders, contact us at info@selected-songs.com. We may ask you to verify your identity before we help.
• Suspension: We may suspend or block sign-in or access to your account if we reasonably believe it is being abused or is at risk, for example through automated or repeated sign-in attempts, attempts to access someone else's orders, or fraud. A suspension of sign-in does not stop you from cancelling a Song Plan using the other methods described in Section 8.

How we handle your data in connection with sign-in is described in our Privacy Policy.

11. Intellectual Property Rights

Copyright Ownership

SelectedSongs owns all rights, title, and interest -- including copyright to the extent recognized by applicable law -- in all songs, lyrics, musical compositions, audio recordings, artwork, and other content generated through the Service ("Generated Content").

This ownership vests upon creation and is not transferred to you by your purchase. Your purchase grants you a license to use the Generated Content as described below.

Nature of AI-Generated Content

You acknowledge that Generated Content is created using artificial intelligence technologies with meaningful human creative direction, curation, and editorial oversight by SelectedSongs. The copyrightability of AI-assisted works is an evolving area of law that varies by jurisdiction. Regardless of how copyright law may apply to Generated Content in your jurisdiction, your rights and obligations under these Terms are contractual and binding whether or not the Generated Content qualifies for copyright protection under applicable law. You agree to abide by the restrictions in this Section 11 as contractual obligations independent of any copyright determination.

Your Personal Use License

Upon successful payment, SelectedSongs grants you a personal, non-exclusive, non-transferable, non-sublicensable, worldwide license to use your custom song for:

• Personal, non-commercial use
• Sharing with family and friends
• Playing at private events (weddings, birthdays, anniversaries, etc.)
• Personal archiving and keepsakes
• Posting on personal social media accounts (non-monetized)

This license is perpetual for the purposes described above and survives termination of these Terms.

Restrictions

Unless you have purchased a Commercial License (below), you may NOT:

• Sell, license, sublicense, or commercially distribute your song
• Use the song in commercial advertising, promotional materials, or monetized content
• Submit the song to music streaming platforms (Spotify, Apple Music, etc.) for commercial distribution or monetization
• Register or claim copyright ownership of the Generated Content with any governmental copyright office
• Use the song in any way that competes with SelectedSongs
• Remove, alter, or obscure any attribution or proprietary notices associated with the Generated Content

Third-Party Intellectual Property

While SelectedSongs strives to produce original Generated Content, AI-assisted creation may occasionally produce output that unintentionally resembles existing copyrighted works, melodies, or lyrics. SelectedSongs makes no representation or warranty that Generated Content does not infringe or resemble third-party intellectual property. You assume sole responsibility for evaluating the Generated Content for potential third-party infringement before any commercial use. SelectedSongs shall not be liable for any claims arising from such resemblance.

SelectedSongs Retains:

• All copyright and intellectual property rights in the Generated Content (subject to the personal use license granted to you)
• The right to use anonymized versions or excerpts of Generated Content for promotional purposes, provided we do not identify you or the song recipient by name without your prior consent
• Ownership of the SelectedSongs platform, interface, proprietary workflows, algorithms, prompts, and the compilation of technologies used to provide the Service
• The right to create similar songs for other customers using similar styles, themes, or musical elements

Commercial Licensing

If you wish to use your song for commercial purposes (advertising, film, commercial streaming distribution, monetized content), you may purchase a Commercial License by contacting us at info@selected-songs.com. Commercial Licenses are subject to separate terms and may include:

• Standard Commercial License: A non-exclusive license for specified commercial uses (e.g., social media monetization, small business advertising)
• Extended Commercial License: Broader commercial rights including streaming distribution, synchronization rights for film/TV, and large-scale advertising
• Full Rights Transfer: Assignment of all SelectedSongs rights in the Generated Content to you, including copyright to the extent recognized by applicable law

The MP3 download with commercial license add-on offered on your song page is a ready-made license for the uses described in that offer and does not need a separate signed agreement. Any other Commercial License is individually negotiated and priced, and no other commercial rights are granted unless confirmed in a separate written agreement signed by SelectedSongs.

12. Rush Delivery

Rush delivery is an optional add-on that prioritizes your order in our processing queue. While we make every effort to deliver rush orders within the stated timeframe, delivery times are estimates and not guaranteed.

Rush delivery fees are non-refundable once your order enters processing, except in the following circumstances:

• If the rush order is delivered no faster than a standard order would have been delivered, you may request a refund of the rush delivery fee
• If a technical failure causes a delay beyond the estimated rush delivery timeframe, you may request a refund of the rush delivery fee

For consumers in the EU, UK, Brazil, Australia, or other jurisdictions with mandatory consumer protection laws, this does not affect any additional rights you may have regarding the delivery of digital content.

13. Service Availability

We strive to maintain consistent availability of our Service, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled or emergency maintenance
• Technical issues with our systems or third-party providers
• Circumstances beyond our reasonable control

We are not liable for any loss or damage resulting from Service unavailability, except where the law gives you a right that cannot be excluded, including any right to a price reduction or refund for the part of a paid Song Plan period during which the Service was not supplied.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness of content

We do not warrant that the Service will be uninterrupted, secure, or error-free. Generated content may contain imperfections, errors, or may not perfectly capture your intended message. We make no guarantees regarding the quality, accuracy, or suitability of any generated content.

Statutory Consumer Rights

Nothing in this section excludes or limits any warranty, guarantee, or right that cannot be lawfully excluded or limited under the laws of your jurisdiction.

• United Kingdom: If you are a consumer under the UK Consumer Rights Act 2015, digital content must be of satisfactory quality, fit for a particular purpose, and as described. These statutory rights are not affected by this disclaimer.
• European Union: If you are a consumer in the EEA, you benefit from mandatory consumer protections under the Consumer Rights Directive and the Digital Content Directive (EU 2019/770). These rights cannot be waived.
• Australia: If you are an Australian consumer, our services come with guarantees that cannot be excluded under the Australian Consumer Law.
• Brazil: If you are a Brazilian consumer, this disclaimer does not limit your rights under the Consumer Defense Code (CDC), including protections against defective products and services.
• Mexico, Colombia, Argentina, Chile, and other jurisdictions: This disclaimer does not limit any non-waivable statutory consumer rights applicable in your country of residence.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Exclusion of Damages

SelectedSongs, its officers, directors, employees, agents, and affiliates shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, use, goodwill, or other intangible losses
• Damages resulting from your use or inability to use the Service
• Damages resulting from any content generated by our systems
• Damages resulting from unauthorized access to your data
• Damages resulting from third-party conduct on the Service

Maximum Liability

In no event shall our total liability to you for all claims arising from or related to the Service exceed the amount you paid to SelectedSongs in the twelve (12) months preceding the claim, or fifty US dollars ($50), whichever is greater.

Acknowledgment

You acknowledge that: (a) generated creative content is inherently unpredictable; (b) subjective disappointment with creative output is not grounds for damages; and (c) the limitations in this section are fundamental to our ability to offer the Service at its current price point.

Jurisdiction-Specific Limitations

The limitations and exclusions in this section apply only to the maximum extent permitted by the applicable law of your jurisdiction.

• European Union & United Kingdom: Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited under applicable EU or UK law.
• Australia: Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term implied or imposed by Australian Consumer Law that cannot lawfully be excluded or limited.
• Brazil: This section does not limit SelectedSongs's liability for defective products or services as defined under the Consumer Defense Code (CDC), including objective liability under Articles 12-14 and 18-20.
• Other jurisdictions: If the laws of your country of residence do not permit certain limitations of liability set out in this section, those limitations will not apply to you to the extent prohibited.

16. Indemnification

You agree to indemnify, defend, and hold harmless SelectedSongs and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property or privacy rights; (d) any content you submit to the Service, including personal stories and information about third parties; or (e) your misrepresentation that you have the right to share information about individuals mentioned in your song requests.

17. Dispute Resolution

Informal Resolution

Before filing any formal legal claim, you agree to contact us at info@selected-songs.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within thirty (30) days.

Binding Arbitration (United States Users)

This arbitration provision applies only to users in the United States.

If we cannot resolve the dispute informally, you and SelectedSongs agree to resolve any disputes through binding arbitration rather than in court, except that either party may bring claims in small claims court if eligible. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA) Consumer Arbitration Rules.

Arbitration Costs: SelectedSongs will pay all AAA filing fees, administration fees, and arbitrator fees for claims under $10,000, unless the arbitrator determines your claim is frivolous. For claims above $10,000, costs will be allocated according to AAA Consumer Arbitration Rules.

Class Action Waiver (United States Users)

This class action waiver applies only to users in the United States.

YOU AGREE TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST SELECTEDSONGS.

Opt-Out

You may opt out of the arbitration agreement by sending written notice to info@selected-songs.com within thirty (30) days of first using the Service. If you opt out, the Governing Law section will apply to disputes.

European Union, United Kingdom & Switzerland

If you are a consumer in the EEA, United Kingdom, or Switzerland, the arbitration and class action waiver provisions above do not apply to you. You may bring claims in the courts of your country of residence. Nothing in these Terms prevents you from filing a complaint with your local consumer protection authority. EU consumers may also access the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.

Brazil

If you are a consumer in Brazil, the arbitration and class action waiver provisions do not apply to you. You may bring claims before the Brazilian courts, including Small Claims Courts (Juizados Especiais), and you retain all rights under the Consumer Defense Code (CDC), including the right to file complaints with PROCON or other consumer protection agencies.

Mexico, Colombia, Argentina, Chile & Other Latin American Jurisdictions

If you are a consumer in Mexico, Colombia, Argentina, Chile, Venezuela, Puerto Rico, or another Latin American jurisdiction where mandatory pre-dispute arbitration agreements or class action waivers are prohibited in consumer contracts, those provisions do not apply to you. You may bring claims in the competent courts of your country of residence and retain all rights under your applicable consumer protection laws, including the right to file complaints with your national consumer protection agency (e.g., PROFECO in Mexico, SIC in Colombia, Defensa del Consumidor in Argentina, SERNAC in Chile).

Australia

If you are an Australian consumer, the arbitration and class action waiver provisions do not apply to you. You may bring claims before Australian courts or tribunals and retain all rights under the Australian Consumer Law.

18. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms
• Fraudulent or illegal activity
• Abusive behavior toward our staff or systems
• Requests to discontinue service

If we end your access for reasons other than your breach of these Terms, fraud, or abuse, we will stop all Song Plan charges. Except where the law requires otherwise, we do not refund the part of any period you have already paid for.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

19. International Users

SelectedSongs is operated from the United States and serves customers in many countries, except as stated under Germany below. If you access the Service from outside the United States:

• You are responsible for compliance with your local laws
• You consent to the transfer of your data to the United States for processing (subject to the safeguards described in Section 14 of our Privacy Policy)
• Pricing is displayed in your local currency where available, but all transactions are processed through our payment provider in the applicable currency. The Song Plan is charged in US dollars only

Germany

The Service is not directed at, marketed to, or offered to consumers in Germany, and the site is not available in German.

Your Mandatory Consumer Rights Are Preserved

Where these Terms conflict with the mandatory consumer protection laws of your country of habitual residence, the mandatory laws of your jurisdiction prevail.

We acknowledge that consumers in many jurisdictions have non-waivable rights including (but not limited to):

• EU/EEA & UK: Rights under the Consumer Rights Directive, Digital Content Directive (EU 2019/770), GDPR, and applicable national consumer protection laws. See our Privacy Policy for details on your rights under GDPR.
• Brazil: Rights under the Consumer Defense Code (CDC, Law 8.078/1990) and the LGPD (Lei Geral de Protecao de Dados). See our Privacy Policy for details on your rights under LGPD.
• Mexico: Rights under the Federal Consumer Protection Law (LFPC) and the Federal Law on Protection of Personal Data (LFPDPPP).
• Colombia: Rights under the Consumer Statute (Law 1480/2011) and the Personal Data Protection Law (Law 1581/2012).
• Argentina: Rights under the Consumer Defense Law (Law 24.240) and the Personal Data Protection Law (Law 25.326).
• Chile: Rights under the Consumer Protection Law (Law 19.496) and the Data Protection Law (Law 19.628).
• Australia: Rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
• California (USA): Rights under the CCPA/CPRA. See our Privacy Policy for details.

20. Force Majeure

SelectedSongs shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemic or epidemic, war or terrorism, government actions or sanctions, failure of third-party services (including AI generation providers, payment processors, or hosting infrastructure), internet or power outages, cyberattacks, labor disputes, or supply chain disruptions. During such events, SelectedSongs's obligations will be suspended for the duration of the force majeure event. If the delay exceeds thirty (30) days, either party may terminate the affected order, and SelectedSongs will refund any amounts paid for undelivered songs.

21. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

22. Entire Agreement

These Terms, together with our Privacy Policy, the price and plan details shown at checkout and in your order confirmation email, and any separate Commercial License agreements, constitute the entire agreement between you and SelectedSongs regarding the Service. These Terms supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and SelectedSongs regarding the Service.

23. Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without the prior written consent of SelectedSongs. SelectedSongs may assign or transfer these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section is void.

24. Waiver

The failure of SelectedSongs to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by SelectedSongs.

25. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by updating the "Last updated" date. Changes to the price or terms of an active Song Plan are made only as described in Section 8.

26. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Maryland, without regard to conflict of law principles. Subject to the arbitration provisions above, you agree to submit to the personal and exclusive jurisdiction of the courts located in Maryland for resolution of any disputes not subject to arbitration.

Mandatory Consumer Protection Laws

This choice of law does not deprive you of the protection afforded by the mandatory consumer protection laws of your country of habitual residence.

In particular:

• European Union: In accordance with Article 6 of the Rome I Regulation (EC No 593/2008), this choice of law does not deprive you of the protections of the mandatory rules of your EU member state of habitual residence. You may bring proceedings in the courts of your habitual residence.
• United Kingdom: This choice of law does not affect your statutory rights under UK consumer protection legislation. You may bring proceedings in the courts of England and Wales, Scotland, or Northern Ireland.
• Brazil: This choice of law does not limit or override the applicability of the Brazilian Consumer Defense Code (CDC) or your right to bring claims before Brazilian courts, including Juizados Especiais.
• Australia: This choice of law does not exclude or limit any consumer guarantees or rights under the Australian Consumer Law.
• Mexico: This choice of law does not override the Federal Consumer Protection Law (LFPC) or your right to bring claims before Mexican courts or PROFECO.
• Colombia, Argentina, Chile, and other jurisdictions: Where your local law provides mandatory consumer protections that cannot be waived by contract, those protections apply regardless of this choice of law provision.

27. Contact Us

If you have any questions about these Terms of Service, please contact us:

• Email: info@selected-songs.com
• Mailing Address: REM Vision LLC, 11300 Rockville Pike, Suite 1001, Rockville, MD 20852, USA