Back to MerrySongs

Terms of Service

Last updated

These Terms of Service (“Terms”) govern your use of the website merrysongs.com and the personalised song service offered on it (the “Service”). The Service is operated by P.O.S. (sole trader, trading as MerrySongs), registered in Spain as an empresario individual / autónomo, Tax ID available on request, address Madrid, Spain, email hello@merrysongs.com (“MerrySongs”, “we”, “us”).

By creating a song, requesting a preview or making a purchase you agree to these Terms. If you do not agree, please do not use the Service.

1. Who can use the Service

1.1 You must be at least 18 years old and able to enter into a binding contract. The Service is intended for adults only. Children must not use the Service, submit information or create songs.

1.2 If you create a song for or about a child, you confirm that you are that child’s parent or legal guardian, or that you have the permission of the child’s parent or legal guardian to provide the information you submit.

2. What we provide

2.1 You fill in a short form (for example names, relationship, memories, musical style). We use automated systems, including third-party artificial intelligence models, to write lyrics and generate an original song from your answers.

2.2 Free preview. Before paying you can listen to a free preview of about 30 seconds. The preview lets you check the song before you buy.

2.3 Paid products (prices shown in USD; the checkout may show your local currency):

2.4 Delivery. Delivery is digital, by email and through a private link. You can choose immediate delivery or a scheduled date for the recipient’s email (for example 25 December). Even if you schedule the recipient email, you get access to your purchase immediately after payment.

2.5 One free regeneration. If you are not happy with your song, you can ask for one free regeneration within 14 days of purchase (see our Refund Policy).

2.6 AI-generated content. Songs, lyrics, cover images and voices are generated by AI. The vocals are synthetic voices, not recordings of real singers, and do not imitate any real artist. Audio files may contain an inaudible digital watermark (such as Google SynthID) and metadata identifying them as AI-generated. You must not remove these. Because the content is generated automatically, results vary. Names may occasionally be pronounced imperfectly; use the optional pronunciation field to help.

3. Payment and merchant of record

Payments are processed by our reseller and merchant of record, Link (Sold through Link, a Stripe company). Link sells the products to you, charges applicable taxes (VAT, GST, sales tax), issues your receipt and invoice, and provides payment-related customer support. Your bank statement will show a charge beginning with “LINK.COM*”. Link’s buyer terms also apply to your purchase.

Prices include or add taxes as shown at checkout. We may change prices at any time, but changes do not affect orders already paid.

4. Your content and your responsibilities

4.1 “Your Content” means everything you submit: names, texts, memories, pronunciation hints and photos. You keep all rights to Your Content.

4.2 You grant us a worldwide, non-exclusive, royalty-free licence to use, copy, process and adapt Your Content only to provide the Service to you (generating, rendering, storing and delivering your song and video), including through our service providers listed in our Privacy Policy.

4.3 You confirm that:

4.4 We use automated filters and may refuse, edit or stop generating any request that breaches these Terms, without obligation to explain. If we refuse a paid order for this reason before delivery, we will refund it.

5. Your licence to the song

5.1 After payment, and subject to these Terms, you may download, keep, play and share your song and video for personal, non-commercial purposes: for example, playing it at home, sending it to family and friends, and posting it on your personal social-media accounts or messaging apps.

5.2 You may not: (a) sell, license or otherwise commercially exploit the song; (b) upload it to music streaming services (such as Spotify or Apple Music) or distribute it through music distributors; (c) register it with Content ID or similar rights-management systems, or claim royalties for it; (d) use it in film, TV, radio, advertising or video games; (e) present it as created solely by a human or by any real artist.

5.3 Ownership. AI-generated works may not be protected by copyright in some countries, and similar music may be generated for other people. As far as we and our providers are able to, we do not claim any rights against your personal use of your song. We do not guarantee that you will hold exclusive rights in it.

6. Acceptable use of the website

You must not misuse the Service. This includes automated scraping, attempting to access other users’ songs, overloading our systems, reverse engineering, using the Service to harass any person, or creating content that impersonates real people in order to deceive.

7. Availability and changes

We aim to deliver songs within minutes, but the Service relies on third-party providers and may sometimes be slow or unavailable. We may change or discontinue features; this does not affect orders already paid, which we will either fulfil or refund.

8. Refunds and right of withdrawal

Our Refund Policy forms part of these Terms. It explains the 24-hour delivery guarantee, the free regeneration and how the statutory right of withdrawal applies to digital content in the EU and UK.

9. Liability

9.1 Nothing in these Terms excludes or limits liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, for fraud, or your statutory rights as a consumer (for example under EU and UK consumer law, the Australian Consumer Law or the New Zealand Consumer Guarantees Act).

9.2 Subject to 9.1, our total liability to you for any claim related to an order is limited to the amount you paid for that order, and we are not liable for losses that were not reasonably foreseeable.

9.3 The Service is provided for entertainment and gifting. Except as required by law, we do not promise that a song will meet your particular taste.

10. Privacy

We process personal data as described in our Privacy Policy and use cookies as described in our Cookie Policy.

11. Termination

You may stop using the Service at any time. We may suspend access if you seriously or repeatedly breach these Terms. Sections 4.2 (for orders already placed), 5, 9 and 12 survive termination.

12. Governing law and disputes

These Terms are governed by Spanish law. If you are a consumer, you also keep the protection of the mandatory laws of your country of residence, and you may bring proceedings in the courts of that country. Before taking formal action, please contact us at hello@merrysongs.com; we aim to answer within 2 business days. EU consumers may also use the EU Online Dispute Resolution information at https://consumer-redress.ec.europa.eu.

13. Changes to these Terms

We may update these Terms. The version shown at the time of your purchase applies to that purchase. We will post material changes on this page with a new “Last updated” date.

14. Contact

P.O.S. (sole trader, trading as MerrySongs) · Madrid, Spain · hello@merrysongs.com