Terms of Service

By accessing and using the Gift That Song service ("the Service", "we"), you agree to be bound by these Terms of Service, our Privacy Policy and all applicable laws and regulations. If you do not agree with any of these terms, you must not use the Service.

You declare that you are at least 18 years old, or that you have the consent of your parent or legal guardian and the legal capacity to enter into this agreement in your jurisdiction.

Gift That Song is a service that generates personalized songs using artificial intelligence (AI) technology, based on the information you provide about the recipient, the occasion, your story, and your musical preferences. The Service may also generate a karaoke-style video to accompany the song, using photos you provide.

Songs and videos are created automatically. The vocals, instrumentation, and composition are synthetic and AI-generated; they do not involve identifiable real artists, musicians, or singers.

3.1 Required information

To create your personalized song, we need at minimum:

• Name of the recipient
• Relationship with the recipient
• Preferred musical genre
• Desired mood
• Preferred voice type

3.2 Optional information

• Special occasion
• Your story and lyrics customization
• Specific phrases or words to include
• Photos for the video (if you choose that option)
• Deadline
• Additional options and add-ons

3.3 Assistant and refinement

During the process, you can refine your story and lyrics (including through our assistant) before generating the final version of the song.

4.1 Payment methods

We accept payments through Stripe (credit and debit cards) and, depending on your country, through local payment methods enabled by our payment providers. Prices may vary by market and local currency.

4.2 Taxes

Displayed prices may or may not include applicable taxes (such as VAT or sales tax), depending on your jurisdiction. Any tax required by law will be calculated and shown during checkout.

4.3 Payment processing

Payments are processed securely through our payment providers. We do not store your full card details; that information is handled directly by the relevant payment processor.

• Your song is generated and ready in approximately 5 minutes.
• You can listen to your full song before making payment.
• You only pay if you like the result.
• Once you complete payment, the song is yours (see Section 7).

The version you listen to before paying is a preview intended solely for you to evaluate the result.

6.1 Quality guarantee

We are committed to delivering a professional-quality song that seeks to meet your specifications. As AI-generated content, results may vary and we do not guarantee an exact match to your instructions.

6.2 Preview listening and payment

After generating your song, you can listen to it in full before paying. Payment confirms that you are satisfied with the result and unlocks gift delivery.

In summary:

• The song is created from the story and preferences you provided in the order.
• You can refine the story and lyrics during the process (including the assistant) before generating the final version.
• You listen to the full song before making payment.
• We do not offer rounds of song changes after payment.

6.3 Consent to immediate delivery and waiver of withdrawal

6.4 Refund policy

Because you can listen to your full song before paying, and payment is only made if you are satisfied with the result, we do not offer refunds once payment has been processed, except where mandatory applicable law requires otherwise.

7.1 Before payment

Until payment is completed, we retain all rights to the song, video, and generated materials. The preview does not grant you any commercial use or distribution rights.

7.2 Transfer of rights to the buyer

Once payment is confirmed, we transfer and assign to you in full, perpetually, worldwide, irrevocably, and royalty-free all rights, title, and interest we hold in the personalized song and associated video, including—to the maximum extent permitted by law—reproduction, distribution, public communication, making available, synchronization, transformation, adaptation, and commercial exploitation rights.

From payment onward, the song and video are your property and you may use them for any purpose, including commercial use, monetization, posting on social networks and platforms, and distribution on streaming services, without additional authorization or royalty payments to Gift That Song.

7.3 AI-generated nature and scope of rights

Songs are created using artificial intelligence. Under the laws of several countries (including the United States), works generated exclusively by AI without sufficient human authorship may not be eligible for registrable copyright protection. Therefore:

• Our assignment transfers to you all rights we actually hold in the work.
• We commit not to exercise any right or claim over your use of the song (see 7.4).
• However, we cannot guarantee that you will obtain exclusive, registrable copyright in an AI-generated work, nor prevent third parties from independently generating similar works.

7.4 Non-interference guarantee

We commit to: (a) not claiming rights over your song once paid; (b) not reselling or redistributing your final song as an identical product; and (c) not using your final song for promotional purposes without your consent, beyond generic Service demonstration materials that do not identify you or reproduce your personal story.

8.1 License to create the product

By submitting information, stories, text, and photos, you grant us a limited, worldwide, royalty-free license to use, process, store, and transform that content solely to provide the Service (generate and deliver your song and video).

8.2 Your representations and warranties

You represent and warrant that:

• You have all necessary rights and consents regarding the information, names, stories, and photos you provide, including authorization from the recipient or any third party who appears or is identified.
• The content you provide is not illegal, defamatory, infringing of third-party rights, hateful, sexually involving minors, or promoting violence.

8.3 Use of third-party images

You are solely responsible for obtaining consent from people whose photos or data you upload. Gift That Song does not verify or assume responsibility for lack of such consents.

8.4 Right to reject orders

We may reject, suspend, or cancel any order that, in our reasonable judgment, violates these terms or the law.

• The song, lyrics, and video are generated automatically and may contain inaccuracies, repetitions, or unexpected results.
• We do not guarantee absolute originality or uniqueness of the result; unintentional similarities with pre-existing works may exist.
• Voices are synthetic and do not represent real people.

If you purchase a streaming distribution add-on, additional conditions apply:

• Distribution is carried out through external distribution partners, subject to their own terms and those of the destination platforms.
• You are responsible for the accuracy of metadata (title, artist, credits) and for having all necessary rights.
• Publication times, availability, and any takedowns depend on destination platforms and are not under our direct control.

The "Gift That Song" brand, logo, website, software, design, and Service content are owned by MF Brothers LLC and protected by applicable law. The transfer in Section 7 applies exclusively to the song and video you purchase, and not to any element of our platform, brand, or technology.

You agree not to use the Service for unlawful, fraudulent purposes or in ways that infringe third-party rights, nor to attempt to access, copy, or interfere with our systems without authorization.

To the maximum extent permitted by law, Gift That Song shall not be liable for indirect, incidental, special, punitive, or consequential damages arising from use or inability to use the Service. Our total aggregate liability for any cause shall not exceed the amount you paid for the specific order giving rise to the claim. The Service is provided "as is" and "as available," without warranties of any kind beyond those mandatorily required by law.

You agree to indemnify and hold harmless Gift That Song and MF Brothers LLC from any claim, damage, or expense (including reasonable legal fees) arising from: (a) your use of the Service; (b) content you provide; or (c) your breach of these terms or third-party rights.

We reserve the right to modify, suspend, or discontinue the Service, in whole or in part, at any time. We will endeavor to provide reasonable advance notice when changes are significant.

We may update these Terms of Service from time to time. The current version will always be the one published on this page with its update date. Continued use of the Service after an update constitutes your acceptance of the new terms.

These terms are governed by the laws of the State of Delaware, United States. Any dispute shall be resolved in the competent courts of Delaware, without prejudice to mandatory consumer protection rights in your country of residence.

The website giftthatsong.com and the Service are administered and operated by MF Brothers, LLC, a company incorporated under the laws of the State of Delaware, United States, with Employer Identification Number (EIN) 98-1904563.