Last updated: December 21, 2024
Welcome to CherishedSong ("Company”, "we”, "our”, "us”)! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.
These Terms of Service ("Terms”, "Terms of Service”) govern your use of our web pages located at https://cherishedsong.com/ and our CherishedSong application, operated by CherishedSong.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://cherishedsong.com/privacy.
Your agreement with us includes these Terms and our Privacy Policy ("Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at [email protected] so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
Thank you for being responsible.
By creating an Account on our Service or by using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.
1. Offer and Acceptance. The submission of an order via the Service constitutes an offer by you to CherishedSong to purchase the products or services designated therein. CherishedSong reserves the right, in its sole and absolute discretion, to accept, decline, or limit your order for any reason whatsoever, including but not limited to: service unavailability, errors in the description or pricing of the service, or suspicion of fraudulent activity. No legally binding contract is formed until CherishedSong has (i) successfully processed your payment and (ii) issued a formal "Order Confirmation" notice to your registered email address.
2. Accuracy of Order Information. You bear the sole responsibility for verifying the accuracy of all order details—including song specifications, personal narratives, and recipient information—prior to final submission. You represent and warrant that all information provided is current, complete, and accurate. CherishedSong shall not be held liable for any errors or dissatisfaction arising from incorrect or insufficient data provided by the User.
3. Transaction Finality and Cancellation Policy. Due to the highly customized and bespoke nature of the services provided by CherishedSong, all orders are deemed final upon the commencement of payment processing. Once an order has entered the production or processing phase, it cannot be canceled, amended, or refunded. You acknowledge that by finalizing your purchase, you are waiving any statutory "cooling-off" periods that may otherwise apply to non-customized consumer goods.
4. Notification of Modification or Rejection. In the event that CherishedSong must modify, reject, or cancel an order after it has been placed, we will attempt to notify you via the electronic mail address provided at the time of the transaction. We reserve the right to cancel any order if we determine, in our sole judgment, that the requested content is defamatory, infringing, or otherwise violates our internal content guidelines.
5. Permitted Use and Anti-Resale Covenant. The purchase of any service from CherishedSong is intended strictly for personal, non-commercial, and household use. You expressly agree not to: (a) resell, redistribute, or commercially exploit any product or service purchased through the Service; (b) export the deliverables in violation of any applicable trade laws; or (c) represent yourself as an authorized distributor or agent of CherishedSong. Any breach of this covenant may result in the immediate termination of your license to the deliverables without a refund.
6. Pricing and Availability. All prices are subject to change without notice. While we strive for absolute accuracy, CherishedSong does not warrant that service descriptions or pricing are error-free. In the event of a material pricing error, we reserve the right to cancel any orders placed at the incorrect price and issue a full refund to the original payment method.
1. Price Discretion and Modifications. CherishedSong reserves the plenary right to adjust, modify, or discontinue prices, discounts, and promotional incentives at any time without prior notice. The purchase price for any service shall be the price displayed at the exact moment of transaction finalization, as evidenced by the Order Confirmation. Unless expressly stipulated otherwise in writing, all listed prices are exclusive of applicable sales taxes, value-added taxes (VAT), service fees, or other governmental levies, for which the User shall be solely responsible.
2. Supplemental Terms for Promotions. From time to time, CherishedSong may offer time-limited promotions or tiered pricing structures. Such offers are subject to supplemental terms and conditions. In the event of a direct conflict between these general Terms and the specific terms of a promotional offer, the promotional terms shall take precedence solely in relation to that specific transaction.
3. Payment Representations and Warranties. By initiating a transaction on the Service, you represent and warrant that: (i) you possess the legal authority to utilize the designated payment instrument; (ii) the credit, debit, or electronic payment information provided is accurate, current, and complete; (iii) the transaction will be honored by your financial institution; and (iv) you shall remit the full purchase price, including all ancillary charges and applicable taxes, without setoff or deduction.
4. Third-Party Payment Processing. CherishedSong utilizes independent, PCI-compliant third-party merchant service providers (e.g., Stripe) to facilitate secure financial transactions. By submitting payment information, you grant CherishedSong an irrevocable mandate to share such data with these third-party processors to the extent necessary to execute the transaction, pursuant to our Privacy Policy. You acknowledge that all financial data is subject to the terms and privacy practices of the respective payment processor, and CherishedSong assumes no liability for the acts or omissions of such third parties.
5. Obligation of Information Integrity. The User maintains a continuous duty to provide and maintain accurate billing, contact, and account information. CherishedSong shall be held harmless for any service delays, delivery failures, or administrative errors resulting from the User's provision of obsolete, incorrect, or fraudulent data.
6. Verification and Audit. CherishedSong reserves the right to verify your identity and the validity of your payment method prior to the commencement of any service. We maintain the absolute right to refuse or cancel any transaction where we suspect unauthorized use of a payment method, a violation of these terms, or any form of illicit activity.
7. Non-Refundability. Subject to applicable consumer protection laws, and in light of the bespoke, personalized nature of the deliverables, all payments are considered earned upon receipt and are non-refundable once the production process has been initiated, regardless of the User's ultimate satisfaction with the creative output.
1. Deemed Delivery and Transfer of Risk. Delivery of the digital product (the "Deliverable") is deemed complete at the moment CherishedSong transmits a hyperlink or access credentials to the electronic mail address associated with your account. You acknowledge that the risk of loss, corruption, or inability to access the Deliverable transfers entirely to you upon electronic dispatch. CherishedSong shall not be held liable for delivery failures resulting from incorrect user data, restrictive spam filters, server-side rejections, or the User's failure to monitor their communication channels.
2. User Affirmative Duties. It is your sole responsibility to provide a valid, functional, and secure email address. In the event a delivery notification is not received, you are strictly required to audit all filtered folders (e.g., junk or spam) prior to initiating a support inquiry.
3. No Warranty of Perpetual Hosting. The access links provided are intended for immediate retrieval and may be subject to expiration or deactivation without notice. CherishedSong does not provide archival, backup, or "cloud storage" services. You are granted a limited window to download and secure a local copy of the Deliverable; the Company assumes no obligation to re-transmit or re-host any file once the initial delivery is executed.
4. Technological Limitations. Any delivery timelines provided are non-binding estimates. CherishedSong shall not be liable for delays arising from "Force Majeure" events, including but not limited to internet service provider outages, hardware failure, or third-party software incompatibilities beyond our reasonable control.
1. The Bespoke Exception. You acknowledge that the Services provided by CherishedSong constitute the creation of highly personalized, custom-made goods ("Bespoke Deliverables"). Consequently, once production has been initiated or the Deliverable has been transmitted, the right of withdrawal or cancellation is extinguished.
2. Discretionary Cancellations. Requests for cancellation made prior to the commencement of production will be evaluated on a case-by-case basis. CherishedSong retains absolute discretion to grant or deny such requests. Any approved refund may be subject to a reasonable administrative fee to cover payment processing costs and labor already expended.
3. Limited Remedy for Non-Conformity. In the event that a Deliverable contains a material defect or fails to align with the specifications provided at the time of purchase, CherishedSong's sole liability shall be, at its option, to: (i) provide a corrected version of the Deliverable; or (ii) issue a pro-rata refund to the original payment instrument.
4. Covenant Against Chargebacks. By utilizing the Service, you agree to exhaust all internal dispute resolution avenues by contacting [email protected] before initiating a payment reversal or chargeback with your financial institution. You acknowledge that unauthorized chargebacks constitute a material breach of this Agreement and may result in the immediate revocation of your license to the Deliverables and the suspension of your account.
1. Reservation of Rights to Rectify. From time to time, the Service may contain typographical errors, inaccuracies, or omissions relating to service descriptions, pricing, promotional incentives, or delivery estimates. CherishedSong reserves the right, without prior notice or liability, to: (a) correct any such errors or omissions; (b) update or modify information; and (c) rescind or cancel any orders placed based on such inaccurate information.
2. Non-Binding Nature of Inaccuracies. The occurrence of a scrivener's error regarding pricing or service availability shall not constitute a binding offer. In the event an order is canceled due to an error, CherishedSong will issue a full refund for any sums already collected. We assume no obligation to honor pricing or service terms that are patently erroneous or resulted from a technical malfunction.
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
Additionally, you agree not to:
We may use third-party Service Providers to monitor and analyze the use of our Service.
Cloudflare Analytics
Cloudflare analytics is a web analytics service operated by Cloudflare Inc. Read the Privacy Policy here: : https://www.cloudflare.com/privacypolicy
Posthog
PostHog is an open-source product analytics platform for tracking user behavior and improving product experiences. You can find their Privacy Policy here: https://posthog.com/privacy
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
1. Ownership of Service and Proprietary Assets. The Service and its entire contents, features, and functionality—including but not limited to all software, source code, databases, proprietary algorithms, website designs, audio, video, text, photographs, and graphics (collectively, the "Proprietary Materials"), as well as the trademarks, service marks, and logos contained therein (the "Marks")—are owned by or licensed to CherishedSong. These materials are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2. Limited Usage License. Subject to your strict compliance with these Terms, CherishedSong grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Service solely for your individual, non-commercial purposes. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by CherishedSong. Any use of the Service not expressly permitted by these Terms constitutes a breach of these Terms and may violate copyright, trademark, and other laws.
3. User-Provided Content and License Grant. In the course of utilizing the Service, you may provide certain personal data, narratives, stories, names, and other materials intended for the creation of customized musical works (collectively, "User Inputs"). By submitting User Inputs, you hereby grant CherishedSong a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, and sub-licensable right and license to host, store, use, display, reproduce, modify, adapt, edit, and create derivative works from such User Inputs for the sole purpose of fulfilling your order and improving our generative processes.
4. Ownership of Deliverables. Unless otherwise specified in a separate written agreement, CherishedSong retains all right, title, and interest in and to the final musical compositions, recordings, and lyrics generated through the Service (the "Deliverables"). Upon full payment of all applicable fees, CherishedSong grants you a perpetual, non-exclusive, non-transferable, worldwide license to use the Deliverables for personal, non-commercial enjoyment. You are expressly prohibited from selling, licensing, or otherwise commercially exploiting the Deliverables without the prior written consent of CherishedSong.
5. Representations and Warranties Regarding Intellectual Property. You represent and warrant that: (i) you own or control all rights in and to the User Inputs provided to the Service; (ii) you have the legal right to grant the licenses stipulated herein; and (iii) the submission of your User Inputs does not infringe upon the intellectual property, privacy, or publicity rights of any third party. You agree to indemnify and hold harmless CherishedSong against any claims arising from a breach of these representations.
6. Moral Rights and Publicity Waiver. To the extent permitted by applicable law, you hereby waive any "moral rights" or rights of attribution you may have in the User Inputs. Furthermore, you grant CherishedSong the right to use any testimonial or feedback you provide regarding the Service for promotional purposes across any media or platform currently existing or hereafter developed, without compensation or further authorization.
7. Prohibited Acts. You shall not, and shall not permit any third party to: (a) reverse engineer, decompile, or disassemble any aspect of the Service; (b) use any robot, spider, or other automated device to monitor or copy our web pages or Proprietary Materials; (c) remove any copyright or other proprietary notices from the Deliverables or the Service; or (d) use the Service to create any content that is infringing, defamatory, or otherwise unlawful.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights ("Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected] , with the subject line: "Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at [email protected]
You may provide us either directly at [email protected] or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
The third party sites and tools mentioned above include the following:
Sentry
Sentry is open-source error tracking solution provided by Functional Software Inc. More information is available here: https://sentry.io/privacy/
Our Service may contain links to third party web sites or services that are not owned or controlled by CherishedSong.
CherishedSong has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT CherishedSong SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
THESE SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS” AND "AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of France without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
1. Restrictions on User Assignment. You shall not assign, transfer, delegate, or sub-license any of your rights or obligations under these Terms, whether by operation of law, change of control, or otherwise, without the express, prior written consent of CherishedSong. Any purported assignment or delegation in violation of this Section shall be deemed null, void, and of no force or effect.
2. Company Right to Assign. CherishedSong reserves the unilateral and unrestricted right to assign, transfer, novate, or delegate this Agreement and its rights and obligations hereunder—in whole or in part—to any affiliate, subsidiary, or successor-in-interest, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Such assignment by CherishedSong may be executed at any time without your prior consent and without any obligation to provide notice, and shall serve to release CherishedSong from all future liability under the assigned Agreement.
3. Binding Effect. Subject to the restrictions set forth above, these Terms shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Please send your feedback, comments, requests for technical support:
By email: [email protected] .