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.

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

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 twenty-four (24) hours of receiving your song delivery email
• 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

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@selected10.com to request a Change Request Form
• Describe specifically what you would like changed
• Your remake will be generated and delivered via email

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.

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 pricing is dynamic and may change at any time based on demand, availability, promotional offers, and other market factors -- including during periods of high demand
• 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
• You are responsible for any applicable taxes
• Payment must be completed before song generation begins
• Rush delivery and other add-ons are optional and priced separately

We do not store your payment card information. All payment data is handled directly by our payment processor in accordance with PCI-DSS standards.

9. Refund Policy

Due to the personalized, digital nature of our products:

• All sales are final once song generation begins
• We do not offer refunds for completed songs that have been delivered
• The Satisfaction Guarantee (Section 7) provides a free remake option as the remedy for dissatisfaction, not a refund

Limited Exceptions

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@selected10.com with your order details and reason for the request. All refund decisions are at our sole discretion.

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 online purchases under the Consumer Rights Directive (2011/83/EU) or equivalent UK legislation. However, because our Service delivers personalized digital content, by placing your order and giving your express consent to begin generation, you:

• Expressly consent to the immediate performance of the Service (i.e., beginning song generation) before the 14-day withdrawal period expires
• Acknowledge that you lose your right of withdrawal once song generation has begun

If song generation has not yet begun, you may exercise your right of withdrawal by contacting info@selected10.com within 14 days of your purchase, and you will receive a full refund. This consent is captured at checkout before you confirm your order.

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 purchase under Article 49 of the Consumer Defense Code (CDC), regardless of whether generation has begun. If you exercise this right within 7 days, you will receive a full 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). 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.

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. 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 10 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@selected10.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

Each Commercial License is individually negotiated and priced. No commercial rights are granted unless confirmed in a separate written agreement signed by SelectedSongs.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. Dispute Resolution

Informal Resolution

Before filing any formal legal claim, you agree to contact us at info@selected10.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 FOREVERSONGS.

Opt-Out

You may opt out of the arbitration agreement by sending written notice to info@selected10.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.

17. 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

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.

18. International Users

SelectedSongs is operated from the United States and serves customers worldwide. 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

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.

19. 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.

20. 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.

21. Entire Agreement

These Terms, together with our Privacy Policy 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.

22. 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.

23. 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.

24. 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.

25. 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 Delaware, 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 Delaware 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.

26. Contact Us

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

• Email: info@selected10.com
• Mailing Address: REM Vision LLC, 300 Delaware Ave., STE 210, Wilmington, DE 19801

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